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eBay: BEWARE! Port Light rip-off! Avoid this seller!

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DZ

Hey folks - just wanted to give the TC community a heads up about an eBay seller that ripped-off the complete text, most of the photos, and even the TITLE, from a recent Port Light auction of mine and used them as his own. Now this may not make a difference to any of you, but in my book, that is NOT cool and is NOT the kind of seller I'd want to do business with. Besides, what are you actually getting, considering that the description and ALL the close-ups are of MY glass, not the one actually for sale?

FYI, if you want to compare them:

Here's MY auction

Here's their auction

Caveat emptor!


Doctor Z
The Castaway Lounge & Casino
Redondo Beach, CA
R.I.P.
4/20/02 - 12/10/05

[ Edited by: Doctor Z 2006-07-30 14:03 ]

K

That's happened to me before too! Someone suggested putting a watermark on your pics to identify them as being YOURS...that way no one will usually try to use them. I especially hate the fact that I go through the trouble of measuring height, width, volume etc. and giving a really good detailed description only to have someone rip it off. Once I emailed a seller and told them to take a creative writing class instead of stealing from other people.

B

Wow, I can't believe he even used all your photos. That is downright wrong. I hope he gets the karma he deserves. What can we do to him?

G
GMAN posted on Sun, Jul 30, 2006 5:27 PM

Hey all,

If you want to get back at him, just have a lot of folks from TC send him questions. Maybe even ask for pics of the specific item since he used your pics. We could keep him busy for a while :lol:

-Gman

DZ

On 2006-07-30 17:27, GMAN wrote:
Hey all,

If you want to get back at him, just have a lot of folks from TC send him questions. Maybe even ask for pics of the specific item since he used your pics. We could keep him busy for a while :lol:

-Gman

That's a great idea, but if you do that, be sure to say something like "Hey, those pics look just like the ones from this other auction..." first!

By the way, here's his response:

"I'll see what I can do about restarting the auction with a new description, but I can't change it while there are bids. I'll redo it for the text, but those stock photos don't belong to you and I will use them
again. Thanks for the threat.
Rob."

I'll see what I can do? What the f*ck does that mean? As a 'Power Seller', he should know that he can end the listing at ANY time for ANY reason! Stock photos? Since when are pictures that I took myself with my own camera of a glass HE DOES NOT HAVE constitute 'stock photos'? Maybe someone should ask hime where he got his 'stock photos' from - I'll be he doesn't even know where they came from!

I've already e-mailed the first bidder (Tikigirlie) as she was the winner of the actual glass he's using the pictures of and I have her address, but while 'browncratebooks' has bid on my auctions before, I don't have his/her actual e-mail. If anyone out there is or has the e-mail of 'browncratebooks', could you give 'em a heads up?

In the mean time, I'd say: bug the shit out of the guy! :wink:

DZ

Oh, and here's his fine print:

"All items are as described and sold as is. Any problems are resolved on a one-to-one basis, please email if there are problems at [email protected]. I want you to be happy with your purchase. Ebay is the wildwest of commerce, please look at my rating. I always try to be honest and accurate in my prices and descriptions"

His items are "described as is?" and "(He) always tr(ies)to be honest and accurate in (his) prices and descriptions"?

Well, I'd say "please e-mail" him at "[email protected]" because you "have a problem"!

4 out of 1369 feedbacks as negative is at .0029 percent. give this guy a break. too overkill here. he's not a tikiphile like us - just doing the best he can as far as I can tell.

M

In the mean time, I'd say: bug the shit out of the guy!

No, that is the wrong way to go about it. You're actually violating eBay rules if you try to subvert the auction by contacting bidders.

I have had this happen too many times to count. I have even had it happen while my original listing was running, and the funny thing is quite a few times it was experienced eBayers doing the stealing. It's business not beanbag and I take my work seriously. It sometimes takes me several minutes to come up with my witty desrciptions. OK, not normally, but always when I use them pollysillahbik words. That's hard work, I don't take kindly to some mouth breather absconding with my bon mots and expertise.

Theft of intellectual property is one of the few issues eBay takes seriously. I have implemented methods so that content in my auction listing is protected from pilfering, but in the past I routinely contacted eBay and the offending listing was removed, too sweet. Do it here, some of your description is plainly copied, that is pretty clear.

I never dealt with the thieving dirt bag personally. Tell it to the judge is my motto, right after fight dirty and never order seafood on Monday.

Don't eff with a man's livelihood. The wife, sure, but never the livelihood.
El midnite-o

too many rules today. everybody walks around wearing their issues on their sleeves. LIGHTEN UP! Trust me when I tell you that this is coming from a guy in TIKI who has arguably been ripped off more than anybody else in Tiki... ever! Make that Mai-Tai a double and enjoy and kick-back with some Martin Denny on the radio. Look at the math I did (I ain't no rocket scientist) and tell the poor person that "I know you mean well but this is why we are offended" instead of berating them with emails. C'mon... ]

[ Edited by: smogbreather 2006-07-30 23:16 ]

M

*LIGHTEN UP! Trust me when I tell you that this is coming from a guy in TIKI who has arguably been ripped off more than anybody else in Tiki... *

Not that one has anything to do with the other. No, couldn't be.

midnite

On 2006-07-30 23:14, midnite_tiki wrote:
*LIGHTEN UP! Trust me when I tell you that this is coming from a guy in TIKI who has arguably been ripped off more than anybody else in Tiki... *

Not that one has anything to do with the other. No, couldn't be.

midnite

think you'll appreciate my updated post. I feel poorly for anybody who unknowingly gets the wrath of TC.

M

think you'll appreciate my updated post. I feel poorly for anybody who unknowingly gets the wrath of TC.

Yes, emails and any concerted effort to berate is poor judgment and worse form. That's exactly what I meant by "wrong way to go about it" and that that specific tactic itself will get one in trouble with eBay even if is a direct reaction to the misfeasance of an offending seller. The seller is wrong in this instance, screwing with him or somesuch other annoyance tactic only worsens the situation. Too wongs and all.

Contact eBay if you want to protect the IP, no matter how insignificant.

That fails, then you can have his mail sent to Paraguay. Kidding, just kidding, I'd probably just take a dump on his front porch. Kidding, again...I'd pay someone to do it.

Los midnite de instigator litigator, ret.

HC

Dr.Z, I can see where you feel put out......after all your descrip was one hell of a fine pitch....imitation used to be a form of flattery "they" said....(before I tried to surf!)... but the photo bit is more onerous to me ....now if you could hook me up with a few Rare mugs .....I know people who can "take Care of it".....midnite tiki you are moai funny !....and right on.....make mine a triple!

FWIW, when looking at both auctions, it is obvious that he did take your two pictures of the bottom of the glass as well as the "stock photos" you had, but it seems that the first two pictures are likely of the glass he is selling, as they are different than the pictures from the auction of yours that you linked to. Unless those two pictures are from an earlier auction of yours?

Of course he ripped off your description, which is not a nice thing to do. But I'm pretty sure he has an actual glass, since it's not as if he is a "fly by night" ebay seller.

Chris

These are the two I mean:

ALOHA Dudes & Chick-a-tiki's,
Funny how I was down a computer for 2 years, had to shop only thrift stores ect. or place orders for mugs & stuff by phone(long uninteresting story..ha)anyway, I buy a puter, re-join all the on line sites, including TC. I rarely have time to sit & read posts & I have never posted till yesterday! and OMG In one day! the drama! and it includes me, good lord. READ ON! stay with me here. After this Holden I will make one of Kelly's Killer Mai Tai's but I don't drink so I will have PIE. Lets all concur that nobody will loose his or her life's over the simple laziness & dishonest action of the seller involved in this horrible, horrible scandal. HOWEVER! its truly not right!
So, on this day let it be known(& I will be posting a photo of me & me... with a fabulous mug I have presented to myself, made by....myself In honor of...myself...tee hee...) hang in there with me 2 more min. I'm getting to it. SO ON THIS DAY... Let it be known to those who didn't know and Jeff, I have written the seller a very nice professional letter asking him to end the auction. How would I win "that glass" when I already own it. I really want to post my letter but it would probably start more problems. I did handle it on my end with dignity & respect to all. After all, honesty matters & I don't mind paying fair market value for any item in life as long as it is what has been advertised. Hiphipahula!!

[ Edited by: Hiphipahula 2006-09-05 02:32 ]

It kind of blows when people steal your pics. Someone listed the Hot Wheel Von Franko Tiki Farm set and stole MY pic right off Ooga-Mooga. Needless to say it pissed me off. If you have the product to sale, you should be able to take a pic of it. Just my two cents.

???How hard can it be to just take 2min. and click a snapshot of your own items & another few min. to write up a little bio of your own. The most IMPORTANT thing here to be considered is WHAT IS IT THE WINNER OF THIS AUCTION GOING TO RECEVIE??? I can't have the item in the photo now can I because its a photo of someone Else's item according to iamdrz (Doctor Z) but the seller of the Item says its his. Perhaps when using print art or copyrighted books we need to make sure we have permission or change the words up some. Perhaps acknowledge we are quoting the book. Just a precaution. The seller is not going to remove the listing. I think it needs to be revised at the least. Here is the Original letter I sent to the seller. And then His REPLY to me. I was not going to post it. Perhaps a mistake either way on my part. BTW Doctorz -iamdrz, the seller thinks your a chick-a-tiki here go's,

Hello,
I recently placed the opening bid on your item . It has been brought to my attention that you have used another sellers photographs (iamdrz, item #xxxxxxx) in your item description.

I must say I find this practice immoral and doesn't fit into ebay guide lines and rules. If I continue to bid this item what would I win? what item would you send me? I already own the exact item you have posted in your listing as sold by the original photographer, iamdrz, therefore this could not possibly be the item you have for sell. This violates the e-bay guide lines.

Due to your outstanding reputation as a seller I am hoping this is an isolated incident and I am asking you to terminate this listing and re-list it with your own photographs. I feel we can handle this between us, without taking further action. I have no problem with paying fair market value for any product as long as it is what is truly being advertised. Please cooperate with all fairness and good faith.

Thank you,

REPLY from rbrostowicz3hzm reads:

Hello, I know that I offended your friend by using her stock photos for the glass id. The photos of the glass though are mine, they may look similar but that is because the item is the same thing. I feel that it's like the pot calling the kettle black when she is using photos from a copyrighted book in her ad. Now I would change the text, because I was being lazy and used some of her sentances, but since the auction is on I cannot remove any description. For future refrence I'll not do that, but this auction is ending as it is.
Please do not bid if your are uncomfortable.
Thanks Rob.

SO, I will NOT bid this item out of principle & because I really don't know what condition the glass will be in when received. But what guarantee do we ever have? I was going to bid with Iamdrz anyway (and thought i was btw because it looked like is ad) SO feel free Jeff to make me a great deal! LOL ... Shame this kind of stuff happens, can it be stopped? Do we report it to ebay? If we let everything slide does it continue to spin out of control? This is how I handled it for now. "Keep it Real" Hiphipahula!
p.s atomicchick your collection IS Bomb! & Jeff, don't forget me..I'm out a port mug lol

[ Edited by: Hiphipahula 2006-09-05 02:12 ]

Ok,
Let me get this straight....TikiGirlie bought Dr. Z's port mug for $56.00, then bid $21.99 for another port mug from someone after Dr.Z's auction closed.

Dr. Z sold a port mug in an eBay auction closing around July 22nd. Another person listed a port mug around July 30th using pictures similar and like Dr. Z's, and used Dr.Z's words in his description...

Some people are offended and upset that an individual would use another's advertising to sell their own similar product.

While others are saying "chill out-no harm no foul".

Doesn't anyone have anything important to do like making a video documentary on the history of Tiki Central???

Dr. Z, with all due respect (and I do respect you,) I don't see how it harmed you...

Tikigirlie obviously paid you and you consumated the transaction with delivery....

I, for one will continue to check out your auctions and hopefully win something someday! (I guess I need to bid more than $10 for your genuine articles!) Good luck with the rest of your inventory!

Cheers!

I received this from ebay on Aug. 1st:

The following listing:

220011436734 - Trader Vic PORT LIGHT Marine tumbler/glass/mug RUBYRED!

has been removed from eBay for violating eBay policy. Since this listing was removed, you are not required to complete the transaction.

For a complete list of eBay?s policies, please visit:

http://pages.ebay.com/help/sell/item_allowed.html

Regards,

Customer Support (Trust and Safety Department)
eBay Inc

On Aug.1 the seller re-listed reading:
Description

For sale is this rare Trader Vic's Port Light tumbler in near mint condition. Made by the Imperial Glass Company in the 1960's. The size is about 5 1/2" and the condition issues are that it has small fleas bite on one of the ribs measuring less than 1/16" square and flake of gold paint is missing on the base (unnoticable) measuring 1/8" square and there is a glass crease (see pics) on the inside of the lip. Looks like it was used once! I'm selling this hard to find tiki glass for NR! Thanks for all your patience buyers and I apologize to the seller iamdrz for the use of her description. I had not read the relevant rules. Sorry! Please be assured this glass is very real and wanting to be sol

That was fair, all is well that ends well. "Keep It Real"

[ Edited by: Hiphipahula 2006-08-02 02:55 ]

[ Edited by: Hiphipahula 2006-08-02 02:57 ]

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