Legal Question in Intellectual Property in Minnesota

False copyright infringement charge to gain monopoly
I'm a retail sales business owner and I listed ads on ebay with a picture of the kit I was selling. I created the pictures myself with a digital camera and Photoshop. The ads were pulled by ebaY citing copyright infringement for using pictures that were not my own. Ebay doesn't make the decision, but rather, I was reported by another business on ebaY. I only had one real competitor so I'm sure who it was. I plead my case with ebaY to reopen my account only to have it closed a week later when I was reported again. Essentially, by snapping their fingers and sending an e-mail they can keep out competitors. Ebay's system allows this to happen with zero recourse for the accuser. Ultimately, I can make the same claim and shut down the other company without a question. Is there a way I can combat this? Obviously, a lot of money has been lost in revenue and Ebay will not allow me to reopen my account citing repeat offenses of this nature. I've been told numerous people are suing because ebay won't protect the smaller sellers. What options do I have?

Asked on 11/12/04, 12:37 pm

David Anderson Anderson Business Law LLC

0 users found helpful

0 attorneys agreed

Re: False copyright infringement charge to gain monopoly

I cannot begin to address this issue with the information you have provided.

I would need to see the image rejected, as well as the marks of the competitor.

I would also need to review your TOU agreement with eBay.

It appears they are acting as judge and jury.

Answered on 11/12/04, 2:30 pm

Keywords

Match Any Match All

Country

State

Area of Law