How To Report Copyright Infringement on eBay?

In the diverse world of e-commerce, eBay is a prominent name when it comes to connecting both buyers and sellers from across the globe. However, the drawback with such a vast reach is monitoring and preventing copyright violations. Since the platform is committed to maintaining credibility standards, it provides users with tools to report such violations. 

In this blog, we will learn how to use those tools for the advantage and protection of your brand name on eBay.

What is Copyright Infringement?

Before delving into the main topic of our discussion, it is important to gain a brief overview of copyright infringement. Copyright pertains to the exclusive rights given to the owner/creator of an original work, including literary, artistic, and musical work. Using, reproducing, or distributing such work without permission from the owner/creator constitutes copyright infringement.

Protection Provided By eBay

eBay takes into consideration the importance of intellectual property protection as it operates under the Digital Millennium Copyright Act (DMCA). Therefore, it has established a system for addressing the infringement issues on the site. 

Identifying the Infringement on eBay

 The first step is to identify what type of intellectual property has been infringed, as the reporting process varies for each. For your sake of convenience, the types of intellectual property violations are discussed below:

Trademark 

As the name suggests, this type relates to infringing on the logos, symbols, brand names, designs, or symbols that denote a particular eBay seller. If someone’s mark resembles yours then it would constitute trademark infringement.

One of how this is done is through counterfeiting. Sham sellers would use the replica of your mark to pass off their goods as yours. However, at times, the replicas completely omit to use any trademark to avoid reporting however the avenues of copyright, patent, and design rights can be utilized to tackle them. 

Copyright 

This form of infringement will occur if there is an unauthorized use of the copyrighted work. Counterfeits make use of your protected images to deceive the buyers and pass off their products as yours. 

Design Rights

Design rights pertain to the protection granted by law for the physical appearance of products such as 2D and 3D shapes, patterns or logos which serve as a brand’s identity. Although the enforcement will be a bit of a hassle as it varies from the product type however design rights can still prove helpful for you in tackling counterfeits of your listings. 

Patent

Patent protections are granted to inventions and innovations for 20 years so that others in the market are prohibited from manufacturing, designing, selling, or reselling your product. An individual will be infringing on your rights if they use your product or invention without prior authorization. 

How To Take Action Against Such Violation?

If you find a listing on eBay that infringes on your copyrighted item or of someone else’s then it is imperative to take swift action. The plus point about eBay is that it provides an efficient and simple reporting system for addressing these issues. Here’s how you can carry out the process: 

1. Verification

 Before filing a report, verify that the listing violates the law. You can carry out the verification step by checking the listing’s description, the images, and any other details related to the item.

2. Gathering Evidence

Gather evidence for your report as this would be required when you are submitting your report. This can include screenshots of the listing, URLs, and any additional information that would help strengthen your claim. 

3. Contacting the Seller

You can also directly contact the seller and request them to remove the listing. At times, it is a mistake on the seller’s part and they might willingly amend their mistake to avoid any complications.

4.  eBay’s Reporting Tools

eBay has its own reporting tools. Here is the process for filing your eBay report: 

For the ‘reason for the report’, you will be given multiple options, of which the relevant one to you would be “Listing practices” or “Intellectual property rights”.  

After submitting the report for review, eBay will investigate your complaint and take any needed action. You can monitor the status of your report through your eBay account.

5. eBay’s VeRO Program

The Verified Rights Owner (VeRO) program is an efficient and effective tool at your disposal if you are facing any copyright, patent, or trademark infringement on eBay. The program allows intellectual property rights owners to remove any such listings which violate the intellectual property rules. You simply have to submit a Notice of Claimed Infringement (NOCI) through the VeRO program, either through email or fax. After receipt of the notice, eBay will take action against your report but keep in mind that it will take some time. 

It is important to note that the program is only for reporting intellectual property infringement, and not for theft. 

Conclusion

Being a diverse and bustling market, eBay is a popular platform for entrepreneurs, artists, and creators to sell their creations and products and connect with their customers on a global scale. At the same time, such a vast platform is also at risk of copyright violations, which makes it crucial for sellers to protect their intellectual property vigilantly.  

If you are facing any intellectual property infringement issues in your eBay commerce, don’t hesitate to reach out for legal assistance. You can book a free consultation today with Drishti Law to learn how our experienced principal attorney can help you protect your copyrighted listings on eBay. We provide a variety of services which can meet the specific legal needs of your brand.