On the pictures It's copyright infringement (if you can prove it).
There is nothing in your titles that can't be used by another seller word for word.
It is not "nice" to use an image captured by someone else. The rules do not allow it.
However, what is the "damage"?
Over the years I often noticed other sellers "borrowing" my images by using links on my website where all my images are kept. Why? After communicating with a few of these sellers, it turned out that while they had a digital camera, the results they were getting were not as good as my high end scanner (images of stamps are best reproduced by a scanner, not a camera or cell phone). So they used my scanned images to illustrate their identical or similar products.
I did not see it as a big deal.
And life does go on.
I have also noticed many sellers, including posters on these boards, use the identical guarantee wording I have used on eBay since 1998 (and my mail order business since 1987):
Your 100% satisfaction is always unconditionally guaranteed.
If you are not delighted with this item, you may return it within 30 days for full refund.
I take that as a compliment.
"Imitation is the sincerest form of flattery"
@mjwl2006 wrote:Your best recourse is to contact the offending seller and politely but firmly ask them to remove your photo.
Then you can call ebay and try to convince them you need to Report that member for dishonest behaviour. Or file a VERO report.
I have issues with photos being stolen from me by other sellers on a regular basis, and the online version of reporting it to ebay has recently disappeared.
So, the last time this happened, I called ebay Customer Service where I had the incredible misfortune to speak to two ill-informed American-based CSRs. The first guy literally told me that 'you could take anything you want off the internet and do whatever you want with it as far as photos are concerned' to which I nearly had a stroke. Then I spoke to his supervisor who told me I'd need to show I'd already copyrighted that photo. Fine. We'll ignore the fact it has been used with my listing and mine alone and WATERMARKED since first appearing anywhere in the world on the internet in Jan 2013 compliments of me. Is that not information not embedded in the image? You know it is.
Unsatisfied, I then emailed ebay about it and received word from someone who deals specifically with copyright infringement. I finally got the proper information. Maybe, if you want to report it, that is where you need to start. It seems that ebay itself does not dirty its hands with this idea of stealing photos from one another any longer. Go straight to http://pages.ebay.com/vero/notice.html with the date of the first time you used it with your associated item number at that time.
In the meantime, I've asked the other seller twice to kindly remove my photo from their listing. I'm still waiting to see if they will comply.
Good luck.
I hope you'll forgive me, 'mj', if I comment on the above and try to clarify some of the information about copyright and trademarks on eBay. Having worked in the area of commercial trade mark and copyright law, and owning trade marks and copyrighted material myself, I've spent a lot of time on this subject with eBay.
First, I just want to explain to sellers who are not familiar with eBay's VeRO programme, that it is not intended for reports of infringements of everyday materials (such as photos, listing descriptions, etc.) from non-registrants. It was set up to allow owners of trademarks, brand-name products and copyright material who have submitted a registration to eBay's VeRO and been admitted to the programme, to report violations. The application process was such a rigmarole that I keep putting it off -- eBay requires a lot of information and paperwork before accepting an application.
While it is true that under Canada's copyright laws (which closely mirror those of other Western countries), any original intellectual property or work is copyright by definition, the practicalities of enforcing such ownership, especially for small scale owners, are extremely difficult (and usually costly).
For eBay, where everybody and his dog feel that piracy is no big deal, taking action on all such complaints, or even a small percentage of them, would use up an enormous amount of eBay's resources and time. I'm no apologist for eBay, but in this area I can see why they've essentially removed themselves from the equation, except for their more important VeRO registrants -- many of whom are large international retailers and hence money-makers for eBay and worth the time and trouble of investigation.
In my day (I hate using that phrase, but so be it), plagiarism in a university paper was cause for immediate failure and possibly even expulsion. Nowadays there is a sense that if it's on the Internet, it's fair game for "borrowing", anywhere and everywhere. The whole concept of copyright ownership is now seen as a bit of a joke. This is not a happy situation for artists and the like, but it's such a pervasive and out of control problem that site owners like eBay mostly turn a blind eye to the kind of stealing on an individual basis that goes on constantly.
Very persistent sellers who complain enough to CS about stolen pictures, descriptions, etc. will probably eventually be handed over to a CS agent who knows enough to mollify them by directing them to the VeRO complaints submission page, where unfortunately their written complaint will likely vanish into the ether.
I'm sure that shuffling people off to VeRO must be eBay's more or less last resort in dealing with complaints by the general seller base about piracy. EBay will not act upon a non-registrant's complaint; in fact even registrants' complaints are subject to investigation and decision by eBay on their validity. (And frankly, attempting to register for VeRO on the basis of a few listing photos in order to make a formal complaint won't work -- you have to have enough material or products of substance, and the appropriate paperwork, to be admitted to VeRO in the first place)
Realistically I think the only thing a seller can do who is not a VeRO registrant/owner is, as you suggest, to contact the person who has pirated your pictures, etc. and request, firmly but politely, that they be removed as they are in violation of your copyright ownership. You can certainly mention that you'll give them "X" number of days to remove the photo, after which they will be reported to an eBay "copyright specialist" for further action. And leave it at that.
If you happen to be able to afford $150 or so and the piracy has been consistently the same person, you could have a lawyer draft a warning letter on firm letterhead. That may be enough to scare off even the most determined pirate, especially in the U.S. where just the whiff of a lawsuit conjures up terrifyingly huge expenses and judgments.
The other protection you can access that may help to deter piracy before it happens is to use eBay's watermarking feature. Although some people will probably be able to figure out how to strip out a watermark, is that really less trouble than just taking their own picture in the first place?
I want to say one more word about copyright, as this subject has come up many times on the board. You mention: "Then I spoke to his supervisor who told me I'd need to show I'd already copyrighted that photo."
Well, that supervisor was stringing you a line of you-know-what. In the first place, copyright is inherent in the work and such rights belong to the original maker, period. Copyrighted works can be recorded in CIPO's database, but registration of copyright is neither necessary nor conclusive. In this respect copyright differs from trade marks, which generally must be registered to be protected. This is something I see many sellers misunderstand (although having been in the media industry, I'm sure you must know). Secondly, that CS agent knew perfectly well that eBay would do little if anything about it even if you could produce some such "proof" of copyright. He/she just wanted to get off the hook, I'm afraid.
I hope the above will help sellers who are grappling with what to do about pirated photos and descriptions. Unfortunately it's a mess, and eBay isn't likely to put the resources into policing it anytime soon. Still, I'm hoping that knowing the current reality will save some sellers a lot of wasted time, effort and frustration.
Incidentally, I have to disagree with Pierre's suggestion of seeing such stealing as simply harmless flattery. Although the main reason pirating sellers use someone else's material is no doubt that they think it's good, in my view it's the ultimate in laziness and rudeness to grab another person's work and use it without permission. It also encourages others to do the same with obvious impunity. Word on cutting corners and using loopholes does get around on eBay.
My apologies for droning on and on, but as you can tell, this is a subject I get very animated about, since it directly affects my work. 
"I have to disagree with Pierre's suggestion of seeing such stealing as simply harmless flattery"
Of course many posters will have different perspective on some subjects.
Without writing a book on it, many different perspectives may come from some sellers being "full time" business sellers while others look at eBay more like a part-time "hobby".
Businesses generally do not sweat the "small stuff".
Now that I am retired, I really do not care any longer.
"are you suggesting with your remarks that...."
I am not suggesting anything other than the words I wrote. There is no reason to look at them in any other context.
A long time ago I came across these words and I have always believed they apply in most situations (nothing to do with AA):
God grant me the serenity to accept
the things I cannot change.
courage to change the things I can,
and wisdom to know the difference.
Also, I have read the works of Miguel de Cervantes and do not wish to ever look at life like Don Quixote.
