Youngstown, OH asked in Copyright, Antitrust, Business Law and Intellectual Property for Ohio

Q: My eBay listing keeps getting removed because my "listing used their copyrighted image without permission."

I keep trying to sell a Klipsch headset on eBay. I took the pictures of the product myself, but I keep getting my listing removed, because Klipsch is claiming copyright infringement over my images. They are my own pictures I took myself, and I feel I'm being harassed by Klipsch. Klipsch is wasting my time, because I have to keep rewriting the listing, which takes a long time. And I believe they are trying to unfairly stifle competition by making fraudulent copyright claims against me. I've already contacted them and threatened legal action, and they ignored me and continued making false claims. The images in my listing belong to me, because I took them myself. I have a right to sell an item that belongs to me, using images that I took myself. Klipsch is violating my rights. I want to file a lawsuit, but I am poor. Would anyone be interested in doing a pro-bono lawsuit?

1 Lawyer Answer
Benton R Patterson III
Benton R Patterson III
  • Intellectual Property Lawyer
  • Dallas, TX

A: Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.