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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I'm looking information. Since July I have been dealing

Customer Question

Hello, I'm looking for some information. Since July I have been dealing with a large company (from Manalapan, NJ) copying and modifying our images with their watermark, on eBay and their website. Images were removed, and then replaced with ours at a later
date. Now that I have been sending many DMCA requests through eBay, they are seeking revenge by taking and posting visually similar, almost identical images which becomes extremely burdensome on me as I need to click through , zoom in and find details for
infringement or risk "false reporting". Substantial similarities. September 2015 I uploaded the files for US Copyright, and can provide the number. Also provide a zip file or web links to 3 products with detailed information, including the original files with
full exif data as a sample. Thanks.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your new question about this? "Substantial similarities" is one of the tests used by the court, but it is called "derivative use" that is the violation you are complaining about.