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Listing removed due to copyright of design
 

Hi everyone,

Woke up earlier today to find eBay have removed my listing. The reason why my listing has been removed is because a company has trademarked some picture designs on the government website.

After reviewing the photos on the government website my photos are different I have text in my photos they do not and their picture is not the same but very similar the angle and colour of the picture is the same as mine but details of the product in picture is different.

EBay have suggested I contact the rights owner of the picture which I have done. They said if they don’t respond we are here to help you but they should respond.

EBay have also said the product can be sold but please understand the company can take legal action on us so we needed to remove your listing. Please do not re list for now until you hear back from the rights owner.

My question is will I be able to sell what I have if company responds and says please do not use this particular kind of image? Or if company denies the appeal will eBay let me sell using different pictures.

The company did not manufacture the item or design the item they just patented a certain type of picture similar to the product I’m selling. The item is also not counterfeit or copy of original product it’s a generic product allowed for resell.

Appreciate all your replies

Re: Listing removed due to copyright of design
 

Why not avoid the hassle and just use different images?

Re: Listing removed due to copyright of design
 

the problem can not be fixed because ebay would not reverse their decision to remove the item. even if the company should email you and tell you everything is fine this is meaningless for ebay

and of course ebay is run by bots so if they see you sell the same item again they may remove it again , I am doubtful they would care if the problem is in the picture or any other features

Re: Listing removed due to copyright of design
 

Thank you for your reply. eBay have messaged me to say it is down to the picture design and after reviewing the company name on the government website they have trademarked certain images. The reason why they have taken action is because what is copyrighted in terms of angle and colour is the same as mine.

eBay said we needed to take action as the company could file a legal claim against us but we want you to email the company and in most cases they will just tell you not to use this kind of design and advice on how to list correctly without breaching any design rights.

I honestly did not know who this company was before listing my item and if I did I wouldn’t use such a picture. I agree what you said about if the company don’t comply then I don’t know if ebay will comply.

However I do have documents from my supplier on where the item is manufactured and designed it wasn’t manufactured by the company or designed by the company who reported my listing as its a generic item not a copy of brand item so I don’t know if it will come down to me sending in documents but if it does I will have them ready to send.

Re: Listing removed due to copyright of design
 

I was thinking of doing that but eBay have told me to wait for a reply. I turned around and gave an example of my biggest competitor and said if the company reports this image and you can see it’s completely different to what the company has will you remove the listing?

Their response was yes if legal action will be against us then yes we will.

The only thing I have in my slight favour is it’s not a copy branded product and it wasnt created by the company who reported me. It’s generic product which can be resold on.

Re: Listing removed due to copyright of design
 

Did you try and apply your own watermark/timestamp to the image?

Re: Listing removed due to copyright of design
 

Yes I tried white background with writing in the background but what I have noticed in this category a lot of sellers havnt got white backgrounds it seems like the good old days where you use to get a stock photo and edit the image is faded away in this category most likely due to this one seller/company/competitor having designing rights.

What I have done now is change all pictures and make sure the pictures are not the same as picture registered. I’ve sent 3 emails to the company no response most likely a competitor trying to reduce sellers selling the item. Well this time my design looks nothing like their design.

Re: Listing removed due to copyright of design
 

That big competitor you mentioned is what happened to you not the bots, well after repeated complaints from multiple buyers (competitor) that's how it's done. Or the competitor will buy from you and complain when you are live.

Re: Listing removed due to copyright of design
 

Take completely different picture, tell ebay the company responded, and keep on selling.

Re: Listing removed due to copyright of design
 

Make this simple, delete those photos and take new ones.

Re: Listing removed due to copyright of design
 

It’s all okay now had to change pictures it was to do with lighting copyrights so my lighting on photo and position of item was the exact same but different features in the item but it’s all good now

Re: Listing removed due to copyright of design
 

Lighting copyrights? Can you elaborate on that some, please?

Re: Listing removed due to copyright of design
 

Yes I can so the seller who registered the design (picture) on the government website for design rights registered the picture for lighting which appears in the design.

Best example would be a shoe with a white background if you use a a similar shoe to the design with the white background even if you text the background the seller has rights to report your item as the lighting of the picture is exactly the same as the sellers trademark picture. So by not having a white background with another contrast colour with your own text in the background now becomes your own image and can’t be reported for IP rights.

Re: Listing removed due to copyright of design
 

Basically whoever reported you is nitpicking.

Just stay away from stock photos.

Re: Listing removed due to copyright of design
 

Yes completely true they are register on eBay under different user name basically what they have done is grab an image with a white background none branded from alibaba and trademarked it for lighting and other features so if they see a seller with a similar picture they will report you but because the products are generic products and allows for resell as they didn’t create/invent/manufacture the product as long as the picture is not infringing their copyright the listing can be listed successfully.

Re: Listing removed due to copyright of design
 

I would get rid of what stock you have even though you’ve changed your pics it will get removed again as it’s most likely a competitor doing this and I doubt they’ll leave it at that but if your listing keeps on getting removed for design right your account will get suspended eventually so be very careful.

Re: Listing removed due to copyright of design
 

From my experience Ebay bots can only pick up words. Dirty words etc...If someone else is using the image you are getting flagged on, go ahead and buy theirs and list it. Then you have proof and I bet the competitor complaining will let that listing alone!

Re: Listing removed due to copyright of design
 

Yes it is a competitor your right but because I am not using a similar picture to theirs the listing can not be reported for design rights as I’m not infringing their design rights ip it’s my own image now and the features listed in their copyright doesn’t comply with the picture I have.

If they created the product and manufactured it it would be a complete different story this is what member of vero have told me.

Re: Listing removed due to copyright of design
 

CHrist, I wish people would just mind their own business instead of being crabs in a barrel.

Re: Listing removed due to copyright of design
 

One thing you need to understand is that eBay’s VerO team do not check pictures or compare pictures with yours they just require the rights owner to provide them legal documentation confirming they own the design rights for the product and once received your listing is removed remember they do not check what the design right as they believe the owner has already done and knows better so therefore the listing needs to be removed and is removed.

It’s down to you to argue this our with the rights owner either by court or by email and from my experience they don’t reply to emails thus giving you no option to argue ebay will not do nothing they won’t reinstate your listing and if you list again then the rights owner may well have you removed again and if this viscous circle continues then your likely to have your account suspended temporarily or indefinitely.

Re: Listing removed due to copyright of design
 

Yeah your right in exactly what your saying but I was able to get it out of ebay in the end. The amount of agents I have to talk to to get as much information out is a lot of work. It was only until l researched the company and gave eBay the company details eBay then started answering my questions.

I said if my image as you can see is different to the image to the rights owner why was it removed? then they then waffled on and I carried on asking and asking questions last question was here is their disclaimer on the gov website my picture is not this part of disclaimer and eBay agreed said yes your right.

I then gave eBay loads of my competitors listing numbers and I was like this person sold thousands this person sold hundreds this person sold loads I then said the only thing I can think of is I’m the only seller with white background image positioned same way as competitors image on gov website they then said my name and said have you thought it could be because of the lighting then that was it the lighting was the only thing which was the same from my picture which was in their copyrights.

They said yes this is the reason but we had to remove listing because we have documents etc I said I understand but I have seen documents as my competitor is selling on eBay and in the documents it doesn’t say the item is what it should be just word like t shirt example but it’s not just t shirt if that makes sense which I’m not selling.

I said the competitor has uploaded an image and paid money to get it copyrighted lighting and other features. No proof of document to say they invented it no proof of document to say they manufactured it it’s manufactured in China anyway not in the U.K. anybody can do this if they wanted to I could copyright a sock tomorrow if I wanted to so as long as I don’t use their design copyrights in image I’m able to sell because it’s a generic item not created by the seller it’s not their item they just own lighting and another feature in the image which is not in my image.

I don’t know why you would want to copyright products which are not your products it’s not your design it’s not your work but yet sellers do this so they can submit something to eBay and listing ends and sellers get upset and copyrighter is happy because they have ended another competitor but if you do the research and you find out in depth what is copyrighted and what is not you can sell no problems. I’ve seen on forum people get MC011 give up on the account, receive drop shipping policy give up on the account listing removal due to design give up the more we learn the more we get better. I’m going to end this now as it was a long one for me.