Getting harrassed by another seller

[nellieou]

So I've come up with my OWN hand made product in the jewelry line. There's another more established seller who sells a very similar product but their "technology" (or the way the product is made) varies slightly from mine. I have not copied their product but they keep emailing me, threatening me to take down my listings or else they'll contact their lawyer. I emailed them back and told them to send me their patent for the product and I'll show them how my product differs. Since then, I have gotten two temporary suspensions and eBay won't say why, just that I was flagged (not by vero or anyone at eBay) and that because I have a history of a couple violations (one FALSE vero complaint and one negative from a buyer 10 months ago who said their item wasn't authentic when I never claimed it to be - they misread the very clear title and listing that stated the product was not a brand name item but would work with all brand names of this sort), that they would be suspending me.

I asked what was wrong with the listing I put up and they couldn't give me an answer! They just said it was flagged. I KNOW it's the guy who threatened me with a lawsuit. Do any of you have any advice on how to deal with this guy once I get back on eBay? I don't want to stop selling my hand made item! I don't want to try to patent it because it'd be too costly and not worth it since it's such a simple little idea. I have thought about opening a new stealth eBay account to sell them, but am worried he'll find my product again.

[GrannyT]

He will find it again. Have you thought of investigating whether you can register your item with EB for VERO protection? - That would be a poke in the eye for your competitor

[rsot]

Can't get Ve ro protection without trademarking it and/or patenting it - that's a problem.

While you could keep pushing eb ay back and explain you produce it and have designs, my initial idea would be to create 10 stealth accounts and spread sales 2 or 3 up at any given time - 1 for each account.

[oompaloompa]

they are threathening but have they suceeded in taking a listing down? it may all be empty tactics....

[nellieou]

Originally Posted by oompaloompa

they are threathening but have they suceeded in taking a listing down? it may all be empty tactics....

Yes, they took down all of my listings and told me I had to wait a week to list again. When I asked why they took them down, they said one of the listings had been flagged, but they could not tell me why. I called, I chatted, I emailed and I got the same type of response each time which was that it was not flagged by vero but that it was flagged (obviously by the guy selling the similar item) and that because I had previous violations they decided not to give me the benefit of the doubt and took everything down. Once I got back up a week later, I was flagged again and they took everything down again and this itme it was literally MINUTES before all of my auctions were to end. If I were to complain to eBay about this seller and their threats, do you think this would be a bad idea since I'm attempting to get several stealth accounts?

[stillselling]

Your listings could've been taken down for using a copyrighted name. Since you're hiding some info., can't really help you.

When someone threaten legal action right away, more likely it's all bark and no bite. Go hire an attorney and send them a cease and desist letter, should shut them up quick.

[oompaloompa]

No I think you have to get all your facts right, get legal advice and contact this guy and if that does not work contact ebay about it, they are taking the other persons word for it. However if they have a copyrighted product and there is some aspect of it that your non-copyrighted product emulates then it could be you that has to stop selling unfortunately. It happened to me once or twice and it was not something I could really argue with and it was not a similarity that was immediately obvious - I did not contact ebay, as I knew the other person was pedantic but legally right.

[stillselling]

Originally Posted by nellieou

...very clear title and listing that stated the product was not a brand name item but would work with all brand names of this sort), that they would be suspending me....

You cannot mention the brand name. You cannot say it's like the brand name. You cannot say it works like or with the brand name. You cannot say it's inspired by the brand name. You cannot spell out brand name in the same paragraph.

Copyright violation cannot be appealed. It cannot be counter claimed. You use a copyright name without authorization, you're at fault. End of story.

Now, go back and read my other post. There's no conspiracy here.

[Axcend]

download a patent for another product, photoshop it with all your info on it with your product. Fax it to ebay, message the other seller and tell them to go **** themselves. Profit.

[unkown5454]

^^^ Score.

[FrankieJ23]

I'd do the same & I would order from him purposely from numerous accounts and false claim but this is just me. If im not suppose to write these things my apologizes in advance.

[newjerseymax]

Axcend I like the way you think...

[ShadyOne]

Haha, some inovetive ideas in this thread now

Would they work, some would, some need testing though.