Never had this happen to me on eBay until now !!! (1 Viewer)

A

agmtanks

Specialist
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Feb 12, 2007
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I have bought and sold on eBay almost from the beginning, but this tops them all. I sold a Frontline Polish Lancer for $25 to someone who has copied my picture ( I add a larger picture in my description) and already added it to his auctions for sale . However , he has neglected to send me payment for this and it is still boxed on my table ready to ship to him !!! Has anybody had this happen to them ???
 
That's a little strange. How can you sell something you don't have?
 
Has happened to me, just happened, Andy, email me and let's compare notes, i bet we have the same issue!
tom
 
He has my picture at least !! And I forgot to add he is trying to resell around $37, a hard way to make a few bucks !!!
 
As far as i know , its against ebay rules , and you can report it to ebay as it violated eBay policy.The rights owner or an agent authorized to act on behalf of the rights owner, can notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, they will remove the listing to comply with the law.

I hope it helps.
 
Thank you, I am sure you are right. I think I will add him on my blocked bidder list along with the Austrian collector who claimed I never shipped his box ( the Post office has lost it actually I assume) and has given me 3 negatives the past 10 days. I am definately having some strange ebay experiences recently !!!
 
What is the IP violation? Copying the photo? I'm not familiar with the rules but generally unless you have indicated copyrighted by so and so, I'm not sure you can claim an infringement.
 
The catch there and in the policy (I took a look) might be the words "the law." Unless you've copyrighted or trademarked something, it may be fair game. How many sellers, for example, use the K & C images that appear on toysoldiersusa.com? Tons I bet. K & C has copyrighted those images. I wonder if they can file a claim or take a piece of the proceeds. Andy, don't read this!:eek:
 
Thanks for your post. My pictures are not copyrighted . I just thought it was bizarre for someone to do this to make a few $. What do you collect ? as I see you are from the Ukraine and new to the Forum??
 
Although I have experience with IP issues in my practice, I'll bounce the question off one of my trademark colleagues.
 
agmtanks said:
Thanks for your post. My pictures are not copyrighted . I just thought it was bizarre for someone to do this to make a few $. What do you collect ? as I see you are from the Ukraine and new to the Forum??
Click to expand...

Yes it is.I'm a K&C fan:D , collecting mostly Naps and some Crusades.Yes i'm new to the forum , couldn't resist to join.I'm flying from Kiev to NY ones a month to pick up some new additions to my collections:D
 
One example of an ebay image and text violation is given as follows at the link previously provided by sotnik: "A member uses a picture from another member's listing without first getting their permission to use it." Sounds pretty straightforward to me that there is a violation of ebay policy here. I don't think intellectual property law really is at issue her, just ebay policy.
 
jazzeum said:
The catch there and in the policy (I took a look) might be the words "the law." Unless you've copyrighted or trademarked something, it may be fair game. How many sellers, for example, use the K & C images that appear on toysoldiersusa.com? Tons I bet. K & C has copyrighted those images. I wonder if they can file a claim or take a piece of the proceeds. Andy, don't read this!:eek:
Click to expand...

If you own the figure, then you certainly can use the K&C photos for personal use, as in an inventory of your figures. As for using the photo on e-bay, it's not a photo of the actual item being sold, so unless the vendor specifically says the item is mint, in-the-box and in perfect condition, he should not be using the K&C photo. The photo is part of the listing and should accurately represent the actual item being sold.

Terry
 
No one said anything about personal use so not sure why you even bother mentioning it:confused:

As far as the K & C photo is concerned, you're probably right but we know that this is observed more in the breach. However, if you uses a K & C photo and accurately describe the item's imperfections, I don't see anything wrong with that. I don't know if it violates any of the ebay rules though. Also the photo depicts the item being sold although not necessarily the exact item.
 
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I prefer to see very recent photos of the actual figure that is being sold.

Then, I have a visual assessment of what I will be getting if I win the figure.

This is with the proviso that the seller can take reasonably good photos.:p

In short: WYSIWYG.....What You See Is What You Get.

Raymond.:)
 
Right, there are two issues here, aren't there? One is that he's using your photo, but the other is that he's "flipping" the lancer figure, and that, before his purchase from you is even complete. I'd be more peeved about the latter, than that he's using the picture. But is either a violation of a specific eBay policy?

Tom, you're a veteran seller, do you happen to know more specifically?

Prost!
Brad
 
glossman said:
*
I prefer to see very recent photos of the actual figure that is being sold.

Then, I have a visual assessment of what I will be getting if I win the figure.

This is with the proviso that the seller can take reasonably good photos.:p

In short: WYSIWYG.....What You See Is What You Get.

Raymond.:)
Click to expand...

I've had to be extra-careful, since the fall, when eBay implemented their latest webpage upgrades. I can't see any text or other content in the Description tab, for most auctions. No one at eBay's support ever responded to any of my requests for help, and the online chat rooms are so filled with people posting to vent, that it's tedious to search for any useful info.

I've been thinking about trying different browsers, to see how they work. I currenlty use IE8, but WinXP. I'm curious to see how it works with FireFox.

Prost!
Brad
 
jazzeum said:
Although I have experience with IP issues in my practice, I'll bounce the question off one of my trademark colleagues.
Click to expand...

I checked and unless you indicate that you're copyrighting the image, it's not an infrigement if someone then uses it.
 
theBaron said:
Right, there are two issues here, aren't there? One is that he's using your photo, but the other is that he's "flipping" the lancer figure, and that, before his purchase from you is even complete. I'd be more peeved about the latter, than that he's using the picture. But is either a violation of a specific eBay policy?
...
Click to expand...
If the photo was not copyrighted, it is fair game and of course he did buy the corresponding item. Moreover, what is the harm to the seller if the item photographed has been sold? I also don't see the issue with re-selling the item he bought. He may be taking a risk on delivery but if he paid for it it would seem to be his to use as he pleases. One of the risks any seller takes is that someone else would pay more. Yes it all sounds odd but I can't see that there is anything to complain about if payment was received.
 
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