Is it time to call in the ACCC for dealing with malicious competitors?

[4wd_products]

I believe the term is 'malicious intention to degrade the reputation of a business by slander'.

I have a new competitor who is not only stealing my images (even removing the copyright watermarks!) but getting staff to leave negative feedback. Looks like they may be targetting other estabalished sellers too.

We've managed to trace who they are by business details and it seems they have about 5-6 other eBay seller names and companies listed under ine mother company.

It's all been reported to ebay ... so let's see if they deliver what they promise.

[letscleanupmycupboards]

But feedback is an opinion based voluntary system. So technically there is nothing LEGALLY stopping me buying a product I'm happy with and leaving negative feedback. It probably doesn't even contravene ebay policy. MORALLY, different story, but morals and principles never seem to stand up in court. Stealing images and removing watermarks probably contravenes some ebay policies. Not sure you could take it any further as a photo posted online may or may not be covered by any form of copyright, and by altering something they can get around that. If their staff are leaving negative feedback would they not have to buy something? Have you responded to feedback?

[phonebite]

I think its bad to rely on someone else to solve your problems.

You (WE) are small buyers that is so insignificant to them and expendable at any rate.

Just pick up your own weight and sue them on your own accord. Present crucial evidence to the court and prove they are out there to screw you over and demand a million dollars in damage.

[5kazam]

I think both of the above posters have misread OP's statement.

[thecatspjs]

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@5kazam wrote:

I think both of the above posters have misread OP's statement.

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Yup .. reckon they are on other pages entirely

[ms_aussie]

Ebay CS do this. Often misread the issue and then send unrelated reply 🙂

[ms_aussie]

I am so sorry this is happening to you. I note the same buyer complaining in both neutral and neg feedback.

I hope eBay sort out this issue for you and for any others these nasty people have their sights on.

[5kazam]

I wouldn't have thought the two posts above mine were from eBay CS...!!!??  

Sorry, but can't work out the relevance of your comment to OP's statement...??? 

[ajarnjenny]

Ebay will take their listings down if you can prove the photo is yours. I had a woman in the UK use a photo of mine that I was using on another site and they took her listing down when I show evidence that I had used the photo long before she started listing with it.

I had to go through the copyright dept.

[chameleon54]

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@letscleanupmycupboards wrote:
But feedback is an opinion based voluntary system. So technically there is nothing LEGALLY stopping me buying a product I'm happy with and leaving negative feedback. It probably doesn't even contravene ebay policy. MORALLY, different story, but morals and principles never seem to stand up in court. Stealing images and removing watermarks probably contravenes some ebay policies. Not sure you could take it any further as a photo posted online may or may not be covered by any form of copyright, and by altering something they can get around that. If their staff are leaving negative feedback would they not have to buy something? Have you responded to feedback?

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Sorry to disagree.  Ebay DOES have very specific policies about using multiple Id,s ( or a single Id ) to purchase products specifically to damage a competitors feedback. ( see feedback policy ) They also have specific policies protecting an ebayers photos AND written descriptions ( see copyright policy ). . The problem may come if the seller understands how the feedback policies are policed as there are ways for sellers to get around the feedback one if they know the system. ( not going to advertise it here ) . The problem of other sellers copying your photos and description should be easier to police. I would be phoneing customer support and ask to speak to a supivisor if the front line staff are unable to assist. With the OP,s feedback numbers it looks like he is a major seller so ebay should be helpfull.. Both problems CLEARLY breach ebay policy.