Protecting Your IP in 2023, part 2: what to do when you find a copycat on eBay

[vengeanceismine]

So you found a copycat listing on eBay ... what do you do?

Reporting copycats on eBay has to be done through an email to [copyright@ebay.com](mailto:copyright@ebay.com) . (You can also learn more about eBay's Verified Rights Owner Program page here).

Depending on who is reviewing the email that day at eBay, the information needed can be more or lest strict. Below, based on our own trial and error, is what to include in your email to make sure it has the best chance of being accepted, no matter who is reviewing it.

About You (all required except as noted)

• Notice of Claimed Infringement
• Intellectual Property (IP) Owner Name
• Your Name and Title
• Company Name (if different than IP Owner Name)
• Mailing Address
• Email Address for communications with eBay or sellers (can be the same or two different emails)
• Phone Number
• Website URL (optional)

Info about the Allegedly Infringing Material

• Allegedly Infringing Item Number(s)/Product URL(s)
• Reason Code (select only ONE from list - if you want to report more than one reason, use a separate page):
  • Trademark – item infringement
    • 1.1 Item(s) is a counterfeit product which infringes a trademark (provide trademark registration information).
  • Trademark – listing content infringement
    • 2.1 Listing(s) contains unlawful use of trademark (provide trademark registration information).
  • Copyright – item infringement
    • 3.1 Software is offered for sale in violation of an enforceable license agreement (eBay will not process reports seeking to prohibit the sale of genuine unopened software).
    • 3.2 Item(s) is a counterfeit product which infringes a copyright.
  • Copyright – listing content infringement
    • 4.1 Listing(s) contains unlawful copy of copyrighted text.
    • 4.2 Listing(s) contains unlawful copy of copyrighted image..
    • 4.3 Listing(s) contains unlawful copy of copyrighted image and text.
  • Other infringement
    • 5.1 Item(s) infringes a valid and enforceable patent (provide a copy of the relevant court order and the patent registration information).
    • 5.2 Item(s) infringes a registered design right (available in Europe, Asia, Australia, and New Zealand only - provide design right registration information).
    • 5.3 Item(s) violates a celebrity's right of publicity (available in US only).
    • 5.4 Listing(s) content violates a celebrity's right of publicity (available in US only).
    • 5.5 Store name or User ID infringes on a trademark (put user ID or Store URL in ‘Item Number’ field and provide trademark registration information).
  • 6.1 Other – please detail in “Description of why you believe listing(s) infringes your rights” field. **Please note that eBay does not process reports to enforce selective distribution agreements, M.A.P. policies, and contractual disputes.
• Description of why you believe the listing(s) infringe your rights.
• Include your registration information and the jurisdiction of applicable intellectual property rights.

In an attachment: Your Declaration (use this wording)

• "I have a good faith belief, and do solemnly and sincerely declare, that use of the material in the manner complained of is not authorized by the Intellectual Property Owner, its agent, or the law. The information in this Notice of Claimed Infringement is accurate, and under penalty of perjury, I am authorized to act on behalf of the Intellectual Property Owner of an exclusive right that is allegedly infringed."

Make sure to include your electronic signature and the date in the attachment with this declaration.

Let us know if you have questions or tips for fighting copycats on eBay! As a small business we want to share what we've learned to help others. See part 1 for how to report copycats on many other common websites like Amazon, Alibaba, and Etsy.