T-Shirt Forums banner

1 - 9 of 9 Posts

·
Registered
Joined
·
1 Posts
Discussion Starter #1
I sell designs on my own website since 2004, using a print on demand service on Shopify. Last year I found an ebay seller who is stealing over 700 tshirt designs that I made by myself. Now as soon as I make a new design he steals it and sell it on ebay. He's making a ton of sales according to his listings and reviews and he's a powerseller with over 40k reviews.

The problem is I have never registered any copyrights or trademarks on my designs, but I have the proof i've been selling them for years.

I sent an e-mail to the seller and asked him to take the designs down. He replied asking me to show the proof of copyright ownership. Now here's where it gets scammy. The thief said he registered a copyright in South America with my own design (he showed it to me). He said if I go after him, he will contact Shopify and my payment processing company to file a complaint against me! Unreal. He stole hundreds of my designs and now he pretends to have ownership.

I know eBay has a program called VERO. But if I file a claim he will just tell eBay he owns the copyright. eBay will probably refuse to do anything unless we go to court. So what can I do? I'm not seeking damages compensation and I don't want to get in an endless lawsuit. I just want the seller to stop stealing hundreds of my designs without having to pay thousands of dollars in attorney fees.

As for the fake copyrights he registered on my own designs, can I get in trouble with Shopify? I know for sure I made these designs myself, but will Shopify believe me when the other guy has a copyright and I don't? Obviously registering copyrights on 700 designs is not an option for me.
 

·
Registered
Joined
·
103 Posts
not a lawyer, and can't sort out all your issues, but Shopify should be able to determine when you posted your designs, and presumably the bogus copyrights would be dated subsequent to that.
 

·
Administrator
Joined
·
14,025 Posts
You and or Shopify would have a record of your first sale with any of these designs. First use helps you establish ownership.

Post a link to the ebay store/page. If he stole yours he probably stole others too.
 

·
Registered
Joined
·
3,219 Posts
eBay has a way to do the takedowns called VeRO. 700 is a lot but you have to start somewhere. You may be able to get that seller banned if you have enough evidence and enough violations.

https://www.ebay.com/help/policies/...es/intellectual-property-vero-program?id=4349
They also have a regular DMCA process available, which is probably the way to go for those who are not Disney, Calvin Kline, or similar corporate IP with copyrights and trademarks to prove it. The DMCA process is how I've done it on eBay, and has worked fine.

Hey, @andrew63 yes I am everywhere :p
 
1 - 9 of 9 Posts
Top