Seriously, people whose pictures and/or descriptions are stolen without permission need to file DMCA complaints with the companies (ebay/Tradesy/Bonz/Poshmark - wherever)! Those companies are required by law to respond to the complaints and remove the listings. (I've had to do it and the response has always been pretty prompt. No company wants to be known as one that allows infringement.)
Save a template and use it to report!
Even Tradesy's terms disallow copyright infringement and using another's pictures without permission is just that. One needn't actually apply for and get a copyright.
https://www.tradesy.com/terms/
Under part 6:
6. User Submitted Content
You represent and warrant that the User Submission (a) is your own original work and you own all rights in the User Submission or that you have all rights in the User Submission necessary to grant the license to the User Submission contained in this Agreement; (b) will not violate any third party rights, including any third party intellectual property rights, privacy rights, moral rights, or other proprietary rights; (c) does not violate any law or regulation; and (d) does not contain any virus or other malicious software, including any software which could interfere with the performance of the Website or collect user data from users of the Website.
and under part 12:
12. Complaint Procedures and DMCA Takedown Requests
Tradesy respects the legal rights of others and complies with the Digital Millennium Copyright Act. It expects you to do the same. If you believe another user has violated the Agreement or your intellectual property rights, please complete the following procedure.
Verified Rights Owners Program (VRO): To enforce the intellectual property rights of owners, Tradesy engages in a Verified Rights Owners program that allows owners to request Tradesy to remove certain listings that offer items or contain images or other materials that infringe on their intellectual property rights. These rights can include trademark, copyright, and/or other legal rights. For example, a Verified Rights Owner may ask Tradesy to remove an item being sold that uses the rights owner's registered trademark (such as a logo on a designer handbag) if the item is not an authentic product of the rights owner. This VRO program helps protect Tradesy members from buying or selling items that may be replica or otherwise unauthorized under state and/or federal laws. Before a listing is removed, a Verified Rights Owner must provide to Tradesy information that ensures that the person or company reporting the item is authorized to do so. If a Verified Rights Owner believes a listing violates their intellectual property rights, please provide Tradesy with a written notice containing (where applicable) the following information:
- a notarized request letter certifying that you are the owner of the intellectual property;
- a description of the intellectual property that you claim has been infringed, including details on any registration that protects the same;
- a description of the material that you claim is infringing and where it is located on the Website;
- hyperlinks to the listings with the suspected item;
- your name, address, telephone number, and email address;
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on their behalf; and
- an electronic or physical signature of the person authorized to act on behalf of the intellectual property owner.
Written notice should be delivered to Tradesy at:
Tradesy Inc
1217 2nd Street FL 3
Santa Monica, CA 90401
844.988.7233
[email protected]
If a copyright notice is received by Tradesy’s Copyright Agent, Tradesy may send a copy of the notice to the user who posted the material at issue.
If your item is reported, you may receive an email notifying you that a Verified Rights Owner participant requested your listing to be removed from the Website or Services. We require the rights owner to provide us with an email address so you can contact them directly for more information about why your listing infringes their intellectual property rights. You can find the Verified Rights Owner's email address in the email you received when your listing was removed.
At Tradesy's sole discretion, users who infringe on intellectual property rights of Verified Rights Owners will have their user accounts and/or access to the Services removed or disabled. If Tradesy disables or removes your user account, or any content or other materials you have posted, and you believe this was done in error, please forward a written notice stating the same and providing any supporting documentation necessary to establish your rights to the agent referenced above.
Tradesy may disclose alleged infringers’ personal identification information to third parties with intellectual property rights who have complied with the complaint procedure. For more information, see Tradesy’s Privacy Policy, accessible via the following hyperlink: https://www.tradesy.com/privacy/.
If you have concerns or questions about why your listing was reported or removed, please contact the VRO participant directly using the email address we provided.
You can also contact our Member Care team at [email protected] if the Verified Rights Owner has not replied after 10 days or if you have any other questions.