eBay has not done anything re problem

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Hi all!

Have been away from the forums for a while now, busy busy busy with trying to build my business.


Hope you guys have been doing that too, and also having heaps of great times meanwhile


I have poured my heart and soul into building my own brand and selling it on ebay, and will be selling it via my own first ecommerce site soon. Have spent a good few thousand dollars into so hopefully everything will work


Here is the problem. I painstakingly took photos of my products, learnt how to edit them so that the lighting and contrast are good. But a competitor in my niche market is playing unfair.

• He has decided he will not only use my photos in his listings, he is using them to defame me and the product. Eg: 'Beware of the seller who sells this on ebay!' (my product photos which are all my own trademark registered brands appears beneath) 'It is really bad quality and do not buy from the seller.'
  
  
• He even claims that my products don't meet Australian Standards and can even cause death(?)! This is an outright lie. I have invested heavily into this business and this brand, and I have made sure everything passes Australian standards and even am insured for everything. He is also doing this to other sellers in our niche market.

I've had competitors using my photos in the past, but this one, I think is stooping real low. We both know that we basically sell the same product, mine is my own brand, and his is unbranded. This was some 3 months ago.


I have reported this to ebay countless times via their 'Report an Item' link. Nothing happened. I have also talked to eBay 3 times regarding this. Each time, the rep said they could see it was my photos (he says so himself in the listing for sake!), but they will look into it and remove as they see fit. And nothing has happened.


Unfortunately, the photos were not watermarked :(


The last straw was this. I noticed sales for another item (a main seller) had taken a hit in the last week or so. I am the only person in ebay Au who sells this item, I am the sole distributor of this product, and sales are almost predictable for it.


I looked into it and found out that now he's decided he will lie about features of his products so it makes mine and his item look same, while he charges less money for it.


For example, lets say I sell 20TB hard drive (and let's say I am the only one in the world who had a supplier for this), and my competitors best one was 10TB. Overnight, he's changed his specification for the same product. And he's charging the same price for the 20TB hard drive as he was for a 10TB. Buyers thinking they are the same thing, are purchasing it from him since he's is cheaper.


I am sure this dodgy business practice will see him burnt, when buyers realise the lies. But until they need to use the whole 20TB, they will not find out about it. Most may not even ever find out. His website still has not been updated with the untrue specifications yet.


I am really pissed off at ebay for letting him use not only mine, but other competitors photos to defame us and our products. Top that will his latest lie, I am quite fuming, lol.


I am really considering seeking some legal help, maybe serve him up with a cease and desist letter since this is a trademark protected item and also I reserve the right to who uses my product photos and how. And certainly not for the purpose to defame me and my business by spreading lies about it not passing Australian Standards.


What would you do in my situation? I am normally a live and let live kind of person. And I have just looked passed his other antics in the past, though not as serious as this. Now this is hurting my business, specially since I am trying to build brand awareness and move away from eBay slowly.


I would also love to harm eBay for letting the blatant violation of their own copyright rules go on inspite of making them aware of it several times. But, I am also realistic and do know that this is never happen.


What do you guys think? I am sorry if something like this has been covered before. Happy to be guided to the right place. And hope you all a great day!

[GreenBean]

First thing is to watermark your photos. Add little surprises for anyone that steals your work.

[rsot]

True on the watermark. If he is saying so much nonsense, you might want to look into legal action if you intend on taking your brand far.

[mattytman]

Legal action can be tough with Stealth details...

I won a small claims battle for £2,500 over a similar issue and within a few weeks I was done and busted with a powerseller account!

If you are sure he is genuinely lying about his product then why not let the rest of the world know?

It takes seconds to open a 'buyer account'...and even less time to leave appropriate feedback...

Within a week or so his DSR's would be shot to **** and he would be swimming in river NARU.

I never screw someone who hasn't initiated the battle. But once it's on, and if it negatively effecting your business then all gloves are off.

[rsot]

@mattytman, if you're seriously considering your own brand and licensing, distributing rights, you can't do this kind of game via stealth. You risk a lot more in the long run vs. just an eb ay account.

[mattytman]

Originally Posted by rsot

@mattytman, if you're seriously considering your own brand and licensing, distributing rights, you can't do this kind of game via stealth. You risk a lot more in the long run vs. just an eb ay account.

You can when you legally register a new name

[rsot]

...That's true =)

[GreenBean]

Issue is not being dealth with by the 'Dark Side'.

Let the OP do what he wants to do legally....z:tin:

Thread already has deleted posts dont add more

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Thanks everyone for your suggestions.

As Gb pointed, this is not a 'Dark Side' issue. I am really considering taking some legal action. Only 2 things are stopping me:

1. No experience/knowledge whatsoever to the process, and concern about the legal fees I may rack up

2. What the competitor will do in retaliation. Like someone already pointed out, it's so easy for him to open a buyer's account and shoot my DSRs down, which are sitting at perfect 4.9 for 3 categories, and 5 for postage cost. He is a very rogue seller and have almost no doubts he will resort to any dirty tactic if I were to take legal action against him. How to prove to ebay it's the work of a competitor when that does happen?

I wish sellers could just accept competition as a fact of life, and not get too worked up about it. It breeds negativity and negativity is no fun.

Damned if I do, damned if I dont!