on stealth account - my product has been ripped off

[spree]

on stealth account - my product has been ripped off


After all the hard work of creating one of the original products that I am now forced to sell from a stealth account on eBay. Some low life has come along and copied the entire product and even copied and pasted virtually the entire text of my eBay add, word for word.

Now obviously I really need some advice on how to handle this bearing in mind the stealth account?

Any advice would be much appreciated.

[rsot]

quote:

Some low life has come along and copied the entire product and even copied and pasted virtually the entire text of my eBay add, word for word.

E-mail eB or do live chat right away. Complain - show proof that you created product listing ages ago - do something to your images like watermark them. Reference completed sales. Work on this quickly

[spree]

Thanks for the help.

I found this out right before I was going to bed last night and ended up not sleeping the entire night really.

I have been doing more digging and basically this guy did this :

1. Bought my product. The first one to buy it....

2. Copied product from the one he bought

3. Changed his Ebay username

4. Listed my exact product and used my exact listing text but undercut me by £3

5. Sold at least one


I'm going to take your advice then and contact ebay live help.

Cheers.

[SaiJin]

OP:

Contact live help is fine, but you also need to get a hold of T&S.
Ask the live help agent if he can connect you there or get their email.

They'll most likely as you for an item number that has all the info that was stolen from you as well as your original photo *which I hope you watermarked* .

But remember, your item number / auction has to be that of an older date compared to the thief's auction. So it's best if you can grab the oldest one you have.

This was the procedure a few years ago and I assume it's still the same more or less.

[JomJarr]

Originally Posted by spree

Thanks for the help.

I found this out right before I was going to bed last night and ended up not sleeping the entire night really.

I have been doing more digging and basically this guy did this :

1. Bought my product. The first one to buy it....

2. Copied product from the one he bought

3. Changed his Ebay username

4. Listed my exact product and used my exact listing text but undercut me by £3

5. Sold at least one


I'm going to take your advice then and contact ebay live help.

Cheers.

Are you sure he copied the product or just re-sold the one you sold him? Has he sold any others yet? If it's a product to manufacture, he may not have managed to solve how to make it yet.

If it's just something from a chinese wholesaler or something bought in and resold from anywhere, then there's not much you can do is there? It's just competition..

[Freshman]

Originally Posted by spree

on stealth account - my product has been ripped off


After all the hard work of creating one of the original products that I am now forced to sell from a stealth account on eBay. Some low life has come along and copied the entire product and even copied and pasted virtually the entire text of my eBay add, word for word.

Now obviously I really need some advice on how to handle this bearing in mind the stealth account?

Any advice would be much appreciated.

I would not worry about it , many pp doing same biz as you on ebay, competition, you will never get rid of it, nothing gonna help you, keep selling and be happy you still can

[rsot]

Watermark your photos - and your listing can be done from now on

[spree]

This is a unique product that I designed and hand make. So it is my intellectual property and I automatically have copyright on it. This guy bought one, dissected it and set up a business totally aping mine and claiming it be his design. He even used my copy in his ebay listings and just changed a few words. The last bit alone should be enough to get his listing removed but it has been two days and its still there.

If he came up with his own similar thing then fair enough yes, healthy competition. But he ripped me off and is free loading off my hard work.

[slim jim]

Originally Posted by spree

This is a unique product that I designed and hand make. So it is my intellectual property and I automatically have copyright on it. This guy bought one, dissected it and set up a business totally aping mine and claiming it be his design. He even used my copy in his ebay listings and just changed a few words. The last bit alone should be enough to get his listing removed but it has been two days and its still there.

If he came up with his own similar thing then fair enough yes, healthy competition. But he ripped me off and is free loading off my hard work.

i understand what you are saying but here in the US if something isn't patented,trademarked,copyrighted the proper and legal way, then you have a hard case ahead of you. i don't know if it is the same in the UK

[lisa21801]

Hello,
If the person took your photos, EBay will shut his listings down.
If he took your verbiage,eBay will cancel his listing.
You need your original listing,eBay number, and his eBay item number,
Note, your listing must have been listed before his.
So, b careful not to give them a current item number of yours,get the
eBay number from a closed sale,
Regards and best of luck,
L

[rsot]

Will be interesting to see if he fights back.

[oompaloompa]

Originally Posted by slim jim

i understand what you are saying but here in the US if something isn't patented,trademarked,copyrighted the proper and legal way, then you have a hard case ahead of you. i don't know if it is the same in the UK

no patent = not your Intellectual property

other seller can probably sell this product, but must not use your pics or listing word for word.

[mercurial333]

If you have a fancy listing, then report him.

If you don't, better start dealing with it and perhaps make a more fancy/unique listing.

It's not yours unless you have the legal work done to make it yours. Until then he can sell it all day long.

[JomJarr]

Originally Posted by oompaloompa

no patent = not your Intellectual property

other seller can probably sell this product, but must not use your pics or listing word for word.

That's not true. Copyright is automatic for an original work under Copyright Designs and Patents Act 1988 - the latest one, has been like that since 1911.

Depends what it is though and I'd guess your creation would have to fall under a work of artistic craftmanship.

Check out : Intellectual Property Office - About copyright

So, I guess the question is, what do you do now? It's the opposite of what people come across on hear - normally people are accused of selling items that breach intellectual property, not being the accuser..

What do people say about calling eBay? It can surely all be done under your stealth details because there's no official paperwork invovled. You just need to be able to show you made yours first.. however, how can you proove that? You might have seen HIS product elsewhere, not on eBay but you just happened to be the first to list it there.

Always should post yourself evidence of your original work by registered post as proof of it being created before a certain date - send yourself one of your original pieces and leave it unopened just in case you need it as proof.

So, I'd complain to eBay - first about the copied listing and then the copyright bit.

Perhaps buy one of his copied pieces as an annonymous buyer before shutting him down, get his full details, get chatting, ask him about the design etc etc, perhaps even send it back saying it's crap! hehe... On second thoughts, keep it as evidence that it is exactly the same as yours - buy two as different buyers, one kept in the envelope, sealed and another to examine. You'll then have a load of contact details to send legal letters to should you fancy going that way some day.. Maybe send one back registered post so you have his signature on the PO's online tracking as proof of his address.

Search on here for all the threads where unscroupulous competition (often big, long term suppliers) buy forum members competing wares and then threaten to complain to eBay that what they bought was ⊗⊗⊗⊗ and threaten to shut them down if they don't send them all their '⊗⊗⊗⊗' stock.. might make interesting reading for you too, to see what dirty tricks people get up to on eBay.

[JomJarr]

Another thought...

Perhaps you could set up a very basic website selling these items as yourself, give your website a brand name.

Then, make your stealth eB outlet an official re-seller of your own items. Perhaps add in some boring, ordinary product too to show they sell that general type of stuff plus your design.

That way, when talking to eB you can be your stealth character and complain that way about copied listings.

Then you can speak to eB as yourself and complain about the copyright violation and that you have only one official re-seller who is Mr Stealth. Don't actually have to speak to them, only write letters.

That way you can have all the offiicialness of intellectual property in your own name when dealing with eB as that could be the only awkward bit in the future.

Would eB start to check their banned people list against all letters they get (do they check that Bill Gates doesn't have a banned account?) and so refuse to even sort out copyright violations on behalf of the banned? They shouldn't do.. would be leaving them open to potential legal action.


For now, make sure there is a copyright symbol on the actual product somewhere, signed by you the creator, some mark of authenticity and make a big deal about that!

[slim jim]

Originally Posted by JomJarr

That's not true. Copyright is automatic for an original work under Copyright Designs and Patents Act 1988 - the latest one, has been like that since 1911.

Depends what it is though and I'd guess your creation would have to fall under a work of artistic craftmanship.

Check out : Intellectual Property Office - About copyright

So, I guess the question is, what do you do now? It's the opposite of what people come across on hear - normally people are accused of selling items that breach intellectual property, not being the accuser..

What do people say about calling eBay? It can surely all be done under your stealth details because there's no official paperwork invovled. You just need to be able to show you made yours first.. however, how can you proove that? You might have seen HIS product elsewhere, not on eBay but you just happened to be the first to list it there.

Always should post yourself evidence of your original work by registered post as proof of it being created before a certain date - send yourself one of your original pieces and leave it unopened just in case you need it as proof.

So, I'd complain to eBay - first about the copied listing and then the copyright bit.

Perhaps buy one of his copied pieces as an annonymous buyer before shutting him down, get his full details, get chatting, ask him about the design etc etc, perhaps even send it back saying it's crap! hehe... On second thoughts, keep it as evidence that it is exactly the same as yours - buy two as different buyers, one kept in the envelope, sealed and another to examine. You'll then have a load of contact details to send legal letters to should you fancy going that way some day.. Maybe send one back registered post so you have his signature on the PO's online tracking as proof of his address.

Search on here for all the threads where unscroupulous competition (often big, long term suppliers) buy forum members competing wares and then threaten to complain to eBay that what they bought was ⊗⊗⊗⊗ and threaten to shut them down if they don't send them all their '⊗⊗⊗⊗' stock.. might make interesting reading for you too, to see what dirty tricks people get up to on eBay.

Copyright IS automatic however this will not hold up in court. This is a 'nature' rule. Good luck having it enforced

[oompaloompa]

^^^unless you have paperwork to show ebay that you are the author then the Copyright Designs and Patents Act 1988 means diddley...

anyone can say they invented it, that is why people rush to patent and patent-pending exists. We are talking about ebay, it is a free for all, you could have copied if from someone else yourself, no proof, just because you were selling it first.

[spree]

Thanks for all the help. I appreciate it a lot.

Ebay don't even care about the stolen text as they have done nothing about the listings even though it violates their own policies so I am fighting a losing battle with them.

A new ebay user with 0 feedback who is listed as coming from the same town as the person that has ripped of my product has bought one and has not paid or replied to any messages. I have also reported this to ebay but they don't seem bothered.

It's amazing really that they bother to ban people as they really don't care about anybody personally.

[JomJarr]

Originally Posted by oompaloompa

^^^unless you have paperwork to show ebay that you are the author then the Copyright Designs and Patents Act 1988 means diddley...

anyone can say they invented it, that is why people rush to patent and patent-pending exists. We are talking about ebay, it is a free for all, you could have copied if from someone else yourself, no proof, just because you were selling it first.

I meant to reply sooner

Living in the real world, you're almost certainly correct Ooomps.

Ebay will only respond to paperwork or if they are overawed by your big corporate name (at which point they will just drop to their knees and say they'll do anything you want).