Is this legal? Ebay issue

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  1. TheCount.'s Avatar
    • Exalted and Worshipped Member
    • Posts: 1,178
    Is this legal? Ebay issue
    OK so i'm selling something on Ebay ( An antique which my Nan has asked me to sell for her). Posted it about 1 hour ago and I was just searching on google for some more information about the antique when I came across a website which was selling my item! The owner of the website had literally copied and pasted my pictures and description and started selling on their website but for £30 more than I had started my item at. The website in question is an 'auction' site too, where they wait for bids. Presumably they wait for bids on their website and then buy from me if my item sells for less on Ebay than they receive on their website (it is a niche website which deals in children's antique toys).

    I don't see how this can be legal. If someone bids for the item on his website and my item sells for more, presumably he won't bid and therefore he wont be able to provide what he has purported to own. This is surely a breach of contract (has one been formed?) if he rescinds...

    Have I got a claim against him? or should I just ignore it. Copyright breach?
  2. anon7's Avatar
    • Full Member
    Re: Is this legal? Ebay issue
    A claim for that? I can guess how you feel but wouldn't that be a huge waste of time and money?

    Nevermind but assuming that it's indeed the same item we're talking about, I won't go any further than saying: if you know the other person's name/username, why don't you just deny them the right to buy your item on Ebay???

    On Ebay, I believe you can either prevent a user from bidding for your item or you can refuse to sell them your item. Plus, you can finish a pending sale.
    Check the "Customer support" pages for more information on how to do so.

    ...I'm sorry for being too lazy to even consider the (il)legal aspect of such a transaction. Just thought that being pragmatic here would be better.
  3. TheCount.'s Avatar
    • Exalted and Worshipped Member
    • Posts: 1,178
    Re: Is this legal? Ebay issue
    (Original post by anon7)
    A claim for that? I can guess how you feel but wouldn't that be a huge waste of time and money?

    Nevermind but assuming that it's indeed the same item we're talking about, I won't go any further than saying: if you know the other person's name/username, why don't you just deny them the right to buy your item on Ebay???

    On Ebay, I believe you can either prevent a user from bidding for your item or you can refuse to sell them your item. Plus, you can finish a pending sale.
    Check the "Customer support" pages for more information on how to do so.

    ...I'm sorry for being too lazy to even consider the (il)legal aspect of such a transaction. Just thought that being pragmatic here would be better.
    Yeah I've decided to just ignore it. It's quite strange because I tried to bid for it on their website, only to be re-directed to my ebay item. Guess they are doing me a favour by increasing publicity lol whether or not this is deliberate.
  4. tkane's Avatar
    • Benevolent Member
    • Location: London
    • Posts: 893
    Re: Is this legal? Ebay issue
    (Original post by TheCount.)
    OK so i'm selling something on Ebay ( An antique which my Nan has asked me to sell for her). Posted it about 1 hour ago and I was just searching on google for some more information about the antique when I came across a website which was selling my item! The owner of the website had literally copied and pasted my pictures and description and started selling on their website but for £30 more than I had started my item at. The website in question is an 'auction' site too, where they wait for bids. Presumably they wait for bids on their website and then buy from me if my item sells for less on Ebay than they receive on their website (it is a niche website which deals in children's antique toys).

    I don't see how this can be legal. If someone bids for the item on his website and my item sells for more, presumably he won't bid and therefore he wont be able to provide what he has purported to own. This is surely a breach of contract (has one been formed?) if he rescinds...

    Have I got a claim against him? or should I just ignore it. Copyright breach?
    I think the only problem for the other seller would be in the event that he sells the item on his website and failied to win your ebay auction. In which case he could always refund the buyer. Not much you can do.
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