eBay

oldbazaar · ‎05-03-2012

It's unethical but is it against eBay rules?

I have a competitor who has stolen several of my earring designs. I know it's not a coincidence because she unabashedly took the design names, exactly as I had used them.

How does eBay stand on this sort of thing? I know Etsy doesn't care at all.

dipmicro · ‎05-03-2012

not allowed on eBay

http://pages.ebay.ca/help/policies/image-text.html

westernstargifts · ‎05-03-2012

The policy covers copied "photos" and not designs. It also covers your description.

If the other person is using your photos eBay might do something about it...they don't always enforce their own policies in this regard. Listing text is copied all of the time and, in my experience, they do little about that policy violation.

One seller copied my entire description including my SSB template for which I pay. She cut off the shipping policies, etc. and the link to SSB which is required for the use of their template service. When I reported it to eBay they would do nothing. I contacted SSB who, in turn, contacted eBay and it was then removed.

They won't do much unless you are a VERO member.

pjcdn2005 · ‎05-04-2012

There is really nothing ebay could do unless you have a copyright to those designs.

oldbazaar · ‎05-04-2012

Yes, that's what I thought. Only copyright matters.

I think it's a pretty low thing to do, and I would like to address it, but not sure quite where I stand. If I contact the seller and ask her nicely to stop, would that be seen as harassing another seller? Where would I stand?

dipmicro · ‎05-04-2012

Copyright is automatic.

http://en.wikipedia.org/wiki/Copyright

Under the Berne Convention, copyrights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" a copyright in countries adhering to the Berne Convention

...

Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Specifics vary by jurisdiction, but these can include poems, theses, plays, other literary works, movies, dances, musical compositions, audio recordings, paintings, drawings, sculptures, photographs, software, radio and television broadcasts, and industrial designs.

dipmicro · ‎05-04-2012

Also, eBay will not do anything unless you register for VERO.

However, if you can prove originality and other party is making significant income from your work, it may be practical to sue for royalties. If they are not making any significant income, you may still enforce your copyright but it may not be practical. I would wait till they start making money, observe them, and then strike for blood.

dipmicro · ‎05-04-2012

Btw. if you decide to wait till they start making money to collect your back-royalties, do not let them know you knew about the theft. If you knew and did nothing, it's similar as giving them persmission.

oldbazaar · ‎05-04-2012

The amount of money involved is minimal. If it were more I'd have taken it far more seriously. I am just irritated by the audacity, I think, more than anything. Really, I was just curious to see if there was a simple eBay policy to cover it. As it appears there's precious little I can do right now without a big song and dance I am wondering whether I would break any policy by asking her to stop. If am polite and don't threaten anything, what do you guys think?

dipmicro · ‎05-04-2012

Oh, you can threaten. There is no laws agains threatening the thiefs to sue them, actually there is no laws preventing you suing the thief.

Just tell her you are aware she stole your designs, that you are not giving her permission, but you are willing to discuss arrangement to license your design. The license can be crafted pretty much any way, you may limit any usage you don't like, you may limit sales volume after reaching she may require new license, etc.

oldbazaar · ‎05-04-2012

Yes, but what I mean is, if she complains to eBay that another seller is harrassing her would they take any notice of her?

I have a very good experience to date with eBay being fair on disputes between myself and buyers, but I imagine they take a pretty dim view of sellers squabbling.

Therefore, I mused, if my request was phrased in such a way that it could not possibly be seen as anything more than a polite request to stop, am I covered against any charge of harrassment. That would be how I would see it if I were adjudicating, but not everyone is as fair.

pjcdn2005 · ‎05-04-2012

Thanks dipmicro for pointing out info about the Beirn Convention, I wasn't familiar with that. I read a bit more about copywriting jewelry and found it confusing actually as I don't really understand where they draw the line.

For example..I see certain trends or common themes in retail jewelry all the time. For example one type of beaded bracelet made by a specific designer will become popular and a few months later I'll see an almost identical bracelet made by other designers.

olbazaar...I'm curious how blatant of a copy the other persons jewelry is. is it absolutely identical...is the just style the same...the stones used..etc?

pjcdn2005 · ‎05-04-2012

I just reread your original post and saw that the other person is using the same name you call each design too? sheesh..that's just dumb

pierrelebel · ‎05-04-2012

"stolen several of my earring designs...:"

I checked a few of your listings.

Are these items designed and manufactured by you? The listings I checked make no such mention.

Or do you purchase them from the manufacturer?

oldbazaar · ‎05-04-2012

Hi Pierre, they are all assembled by me. I do not cast the metal components nor do I carve the beads, but in the world of bead jewellery they would be certainly be considered hand-made. Some are more complex than others, obviously, and any two bead jewellery-makers could easily create the same simple design, by sheer coincidence, as there are only so many components available in the world. What we noticed was that her inventory matches mine quite closely, basically I think she saw my site and went shopping for parts. But the real dead giveaway that it was copied, as discussed above, is the names used to describe the designs.

pierrelebel · ‎05-04-2012

Based on your post, you are looking at a case of copyright violation. Nothing eBay (a venue) can do about it.

You can contact the seller and request an immediate cancellation of all offending listings. However, there is not much you can do if the seller does not comply with your request other than get a lawyer and go to court, an expensive and time-consuming solution.

westernstargifts · ‎05-04-2012

Coying someone else's designs is really low but it happens all the time. After 20 years of exhibiting at craft shows I have seen it happen over and over again.

It happens with wholesalers as well. One of my suppliers told me that the designs which they have copyrighted are copied within a week of production. He said they could fight it but they just move on to new designs because it isn't worth the time and money it would take to pursue it.

bilge21 · ‎05-05-2012

It happens. There's a major competitor on Ebay.ca that has stolen some of my listing text and slogans but not much I can do about that. I'm just glad his grammar and spelling is atrocious, lol.

femmefan1946 · ‎05-05-2012

Can copyright violations be taken to Small Claims court? It cost $25 to file the claim last time I did it (some 20 years ago-- my how time flies) but I think you can sue for up to $5000.

No lawyers are needed in Small Claims, but it is also up to the winner to collect the judgement , which can include costs.