Power Sellers Unite

mickeysamouse · Joined: 28 Jul 2006 Posts: 7

Good Morning! I write with hope that you will be able to offer advice for my problem. A competitor of mine steals everything I do. Quite frustrating. So, in July, I spent the money to copyright a phrase I use in my advertising. She has now stolen that, too. I filed a complaint with VeRO at eBay and was told that because the rest of her ad isn't too much like mine, they can offer me no help. Outside of hiring an attorney, I am hoping that you might have an idea or two for guidance here. A thought I had was to add a FAQ about how other ads look like mine -- do I have two stores??? With the reply being something like, "Only one store here for me -- the others are nothing but a cheap knock off." Thank you!
jeanne

Passionvinehouse · Joined: 01 Dec 2005 Posts: 319

Something similar happens to me in the book selling world. I spend alot of time writing a great synopsis and description of a book only to find other sellers cut and paste my description into their write-up.
There is absolutely nothing I can do about it, I no longer worry about it.
I wish you luck in solving your problem.

eeedoggies · Joined: 20 Jul 2006 Posts: 623

if youve got something copyrighted it doesnt really matter what their ad looks like. you need to go higher up the food chain. i cant believe we finally found something ebay WONT remove... usually they are quick to cancel everyone's listings.

airborne82 · Joined: 06 Aug 2006 Posts: 108

you are learning what us software engineers have known for a very long time.. copyrights are worthless ( unless you are hollywood or microsoft, then the FBI will enforce the copyright for you ).

you should have hired an attorney before you paid for the copyright.. they would have told you not to bother. your copyright is probably not enforceable.

eeedoggies · Joined: 20 Jul 2006 Posts: 623

does that mean that ebay cant have the word it?

mojavelyn · Posted: Thu Sep 21, 2006 1:11 pm Post subject:

Someone here LDGifts I think, had someone stealing her pics from her website... bandwidth theft actually. So she changed the pics to make it advertising for her site and let everyone know this guy was copying her work.

Can you do something similar... a pic that is linked to your website that they can steal and or hyperlink something in that will go back to your store???

Susie, I don't write synopsis, I steal them! I use the stuff from the book. Several books I haven't read and won't read. I would need to be really desperate.

airborne82 · Joined: 06 Aug 2006 Posts: 108

yes and no.. if you notice, business don't use copyrights.. they trademark. basically you take your slogan or name that you use to promote your trade, design a logo or a likeness and then you trademark it.

trademarks can be cheap, or they can be very costly..

first they are not automatic.. you file and then there is a waiting period.. anyone and everyone can counterfile and say that your trademark is nonesense..

even if you get the trademark,,, you still have to actively fight it..

that is why ebay is filing all of these lawsuits... .they have too.

they have to establish that the word "it" has a commercial value, and that they were the ones create the commercial value.

they are hoping that these other sites don't fight them in court... all it will take is one federal judge ruling against ebay on one of these "it" cases and the trademark crumble.. so i hope these lawsuits actually go to court.

the only mistake some of these sites are making is using the same color scheme..

but in the end.. with both copyrights and trademarks.. you have to have the deep pockets to actually protect them.. if you don't.. you effectively lose

Look at Elvis.. it took the presley estate like 5 years of fighting in court for the government to grant them a trademark on the name.

mickeysamouse · Joined: 28 Jul 2006 Posts: 7

Thanks everyone for your input! I do appreciate it! I am also in the process of trademarking my phrase. I don't get why people can't just use their own brains. Quite frustrating! Thanks again!
Regards~
jeanne

fishingpuddycat · Joined: 03 Sep 2006 Posts: 20

Maybe I am too late since you have thanked everyone but I will add my 2 cents anyway. Are you doing the trademark yourself or have you hired an attorney for that? If you have, just get them to write a cease and desist letter to the person. Most people, especially if they are small timers will be intimidated enough to stop. Even if you do not have an attorney for the trademark you can probably find one to do a letter for not too much money. If you know a friend that is one they may do it for free. Its the legal letterhead and citing some U.S. code that does the trick. :)

mickeysamouse · Joined: 28 Jul 2006 Posts: 7

Hi there, luvWagglepop! Cute name! I like that place, too!

I recently began the trademark process myself. I don't think she'd be intimidated by much. She's been pretty brassy to date and her husband just started law school last month. She's truly a POW [piece of work]. I will see if I can find an attorney to do something for me at a reasonable cost.

I can hear the Judge now saying to eBay, "But they only stole a portion of 'IT!'" LOL!

Thanks for the advice!

Best regards~
jeanne