# Is this image STOLEN??



## paris'mom (Jul 14, 2004)

I think this image belongs to a member here, and they live in either NY or NJ, I remember the member's name is Audrey or something... Can't remember right this moment.

I just wanted to alert them that someone is profiting off a photo of their Maltese.

Check out this auction: http://cgi.ebay.com/MALTESE-DOG-CHECKBOOK-...1QQcmdZViewItem


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## lillady (Jan 25, 2007)

Hmm....I wonder! That does look familiar! :shocked:


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## paris'mom (Jul 14, 2004)

I know for a fact this was a photo posted on SM about a year or two ago. I remember this because I asked her to e-mail me so I can play around with my photoshop and put some cool effects to the photo. 

I'm miffed!


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## sassy's mommy (Aug 29, 2005)

OMG! That is Abbey. I remember when Bonnie first posted that photo. I hate piracy. :smpullhair:


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## paris'mom (Jul 14, 2004)

> OMG! That is Abbey. I remember when Bonnie first posted that photo. I hate piracy. :smpullhair:[/B]


Was it Abbey? I thought it was Aubrey...her husband was a firefighter or something...

My old mind is slipping, but if it's Abbey, please PM her and alert her to this. THe seller is putting that design on many merchandise. This auction was ending, but I saw there was another one up for the same item at $4.85

Just a thought, do you think Joe could disable right-click? That would save many photos being "easily" stolen. I know there is a way around it but this would at least put a dent into the stolen photos...


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## 3Maltmom (May 23, 2005)

Is it Andrea's Abbey??


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## sassy's mommy (Aug 29, 2005)

> > index.php?act=findpost&pid=541332
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Oh....maybe it is Audrey....it is certainly one of those babies. I PM'd Abbey. It may be Audrey. I guess Bonnie will know. That makes me so angry, it makes me want to contact the seller. I think we should all contact ebay and let them know she is selling stolen photos. 

edit: ok once I calmed down and remembered her sm name I also PM'd Vikki about Audrey.


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## lillady (Jan 25, 2007)

I just sent her a message asking her to please let me know where she got that picture from. We'll see :wacko1:


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## paris'mom (Jul 14, 2004)

> Is it Andrea's Abbey??[/B]


Is it? I posted this hoping the power of many minds can recall which SM member the photo belongs to :smheat: Looks like it's working. 

I think the original owner would need to contact Ebay because as third parties, we don't have the right.

Or hopefully the original owner sold the right of the photograph and is getting a part of the proceeds.

I hate piracy too!


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## paris (Apr 8, 2005)

It was in either last year's calendar or the one before that. Can't remember which one I was flipping through the other day.


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## 3Maltmom (May 23, 2005)

> > index.php?act=findpost&pid=541334
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Who's Bonnie??

Maybe she is the one selling, or she may be partners with the seller.


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## lillady (Jan 25, 2007)

I wasn't mean in my message or anything-just asked as though it was because I thought it was so darn cute-and it is! :wub:


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## sassy's mommy (Aug 29, 2005)

It is either Bonnie's Abbey or Vikki's Audrey.


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## paris'mom (Jul 14, 2004)

> It was in either last year's calendar or the one before that. Can't remember which one I was flipping through the other day.[/B]


Good tip! I knew I should've got that calendar...


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## Moxie'smom (Dec 16, 2007)

> > index.php?act=findpost&pid=541334
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I agree. It's total BS and it's also NOT legal on Ebay...
You could have the person written up and Ebay will make them take it down. Especially if it's a stolen photo. I would not contact the seller yet. I would first contact Ebay. Ebay will then contact the seller. Because if the seller ever uses it again, they can be susoended.


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## lillady (Jan 25, 2007)

Crap-I already did  But I just asked nicely and inquisitively so maybe whoever it is will be none the wiser.


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## Moxie'smom (Dec 16, 2007)

This seller is really asking for it. They are using logos which are copywrited..they should be reported anyway. There is no way they have permission for most of what they are re printing and selling. Ebay really frowns upon this. I new people who got so called busted..as they should, for making magnets out of famous peoples faces. You can't do this unless the images are PD public domain) or you have written permission from the estate.


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## The A Team (Dec 1, 2005)

I've got the 2007 SM calendar right here in front of me (May 2007)! The same picture!!!!

It says Audrey, Hoboken, NJ.


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## carrie (Aug 24, 2004)

no, you're right, it's audrey. i'll try and find her contact info.

(the post before me didn't come up, sorry pat! )


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## MandyMc65 (Jun 14, 2007)

> I've got the 2007 SM calendar right here in front of me (May 2007)! The same picture!!!!
> 
> It says Audrey, Hoboken, NJ.[/B]


 :w00t: :smmadder: 

The seller's location says NC, so I'm assuming it was stolen


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## 3Maltmom (May 23, 2005)

Here's Vikki's original post, with the pic:

http://spoiledmaltese.com/forum/index.php?...pic=7514&hl=

She may have approved this with this gal, though. It just might be her friend, or business partner.


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## MandyMc65 (Jun 14, 2007)

> > index.php?act=findpost&pid=541334
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Looks like Pat's on it!


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## 3Maltmom (May 23, 2005)

> Crap-I already did  But I just asked nicely and inquisitively so maybe whoever it is will be none the wiser. [/B]



Nothing wrong with that


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## Moxie'smom (Dec 16, 2007)

You guys are really good. Should be on CSI Miami! i can't believe you tracked down the thread back in 2005!


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## Moxie'smom (Dec 16, 2007)

You guys are really good. Should be on CSI Miami! i can't believe you tracked down the thread back in 2005!


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## thinkpink (Sep 25, 2004)

I remember when that photo was first posted. I fell in love with that picture. Hopefully it all gets sorted out.


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## MandyMc65 (Jun 14, 2007)

> You guys are really good. Should be on CSI Miami! i can't believe you tracked down the thread back in 2005![/B]


AND it was only a little over 30 minutes!!!

They are incredibly good!


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## sassy's mommy (Aug 29, 2005)

> You guys are really good. Should be on CSI Miami! i can't believe you tracked down the thread back in 2005![/B]



 We get serious about our babies around here. :wub:


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## Moxie'smom (Dec 16, 2007)

Here is a link from ebay on Copyright basics:

http://pages.ebay.com/help/tp/copyrights.html

Here's another helpful link:

http://pages.ebay.com/help/tp/index.html

This is also listed on that page and this seller has a lot of violations coming to them:

Violations of this policy may result in a range of actions, including:
Listing cancellation
Limits on account privileges
Account suspension
Forfeit of eBay fees on cancelled listings
Loss of PowerSeller status


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## Moxie'smom (Dec 16, 2007)

This person should be reported and they're so foolish that they don't know any better. They are a power seller and has sold over 7089 items...
a suspension would definetly hurt this individual. But how did they find this photo? That's what i want to know. Inside job...LOL?

screen name seller: doggydesigns (7089)


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## paris'mom (Jul 14, 2004)

Good to know my mind is still working somehow at my age...lol

So I was right about NJ and Audrey. Hehehe. Not bad (pat self on back). Seriously, memory is not one of my strong suits. 

I hope they did authorize the usage of Audrey's image. I think this seller doesn't respect copyright becuase they also have Mariah Carey wallets and I know she didn't authorize them!


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## Vikki and Audrey (Jan 12, 2005)

Holy cow, it's Audrey and I definitely didn't give them permission! :shocked: 

So what should we do? Report them, or simply demand a slice of the profits?  

You would think they would at least ask before they just take stuff wouldn't you! :angry:


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## MandyMc65 (Jun 14, 2007)

I can't believe someone would do that!! And how did they even get the picture?!

I'm not sure what I would do...


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## paris'mom (Jul 14, 2004)

> Holy cow, it's Audrey and I definitely didn't give them permission! :shocked:
> 
> So what should we do? Report them, or simply demand a slice of the profits?
> 
> You would think they would at least ask before they just take stuff wouldn't you! :angry:[/B]


I would report them to Ebay. The profits would be illusive because you don't know how many they have sold online or offline...

Sigh..the curse of a beautiful Maltese...her likeness is used all over...

Speaking of which, any new pictures of her? Haven't seen her in a while! 

Although I would understand if you hesitate to post any other photos after this ordeal...


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## Gemma (Jan 19, 2006)

wow , I think you should buy it and then you can leave a feedback and say that the picture is stolen from you so everyone knows. :angry: I think the new rule is that the seller can not leave you a negative feedback, but double check that.


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## lillady (Jan 25, 2007)

I say report the seller-if they are doing it with lots of stuff that doesn't belong to them-they need to be called on it! :thumbsup:


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## Vikki and Audrey (Jan 12, 2005)

I was just kidding about the profits!  

I am amazed that someone recognized her - I wonder how long they have been selling them?? :huh: 

I'll take a look on ebay and see if I can work out how to report them. I have an ebay account but I'm not an expert! 

Thanks for spotting this!


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## lillady (Jan 25, 2007)

I think this may be where you would report it?

Report a Problem

Good luck!! :biggrin:


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## lillady (Jan 25, 2007)

Wow-I just looked through this seller's feedback and although they have a decent looking percentage-since they are a power seller and sell a lot....they have a lot of horrible feedback! So not only did this person rip you off-they are ripping customer's off as well! :smmadder:


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## Vikki and Audrey (Jan 12, 2005)

> Speaking of which, any new pictures of her? Haven't seen her in a while![/B]


I haven't taken as many of her recently. We finished a year long renovation a few months ago and then moved to the country. Now we're about to move again into Philadelphia. It's been a lot of moving and mess. :smilie_tischkante: 

Here she is at Halloween as a lady bug. She wasn't impressed with the hat!:







Doing an impression of an old English Sheepdog before going to the beauty parlour last week!


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## Vikki and Audrey (Jan 12, 2005)

Just took a look - it's a pain to report, I have to fax them something. Of course I don't have a fax here, so I'll have to wait until I'm in the office next week.
I'm not sure what to report them under: 

Do you think it should be counterfeit and copyright infringement/ ebay property infringes your intellectual property rights.

or

Stolen property/ Someone stol your intellectual property.

Any thoughts?


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## paris'mom (Jul 14, 2004)

Those photos are just too cute. I like her in this length. I remember you had the body cut down slightly shorter last year, but this lenght is so pretty!

Hey, was that a mouse in the background? LOL Just kidding. I went back and read about your whole mouse ordeal last year. I had a similiar thing last year, only it was a rat and when the trap went BAM, my husband was not home...!!!!

Needless to say I called him to come home ASAP to take care of the crime scene. We moved out and away from the place soon after. I spent many nights in fear as well. Towel under the bedroom door... shudders...


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## k/c mom (Oct 9, 2004)

> I was just kidding about the profits!
> 
> I am amazed that someone recognized her - I wonder how long they have been selling them?? :huh:
> 
> ...


That has always been just about my favorite Malt picture of all time! Wasn't it in the first SM calendar? Maybe the person bought the calendar and scanned the image ?


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## MissMelanie (Feb 13, 2006)

> Holy cow, it's Audrey and I definitely didn't give them permission! :shocked:
> 
> So what should we do? Report them, or simply demand a slice of the profits?
> 
> You would think they would at least ask before they just take stuff wouldn't you! :angry:[/B]


I feel for you! This "issue" ANGERS Pat and I do VERY much.

Good luck getting to the bottom of this. Please let us know the outcome.

Melanie


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## vjw (Dec 20, 2006)

What adorable pictures of Audrey!! If I were you, I think I'd print out a copy of the screen where the checkbook cover is sold on Ebay and I'd order one of the checkbook covers to have on hand as evidence.


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## sassy's mommy (Aug 29, 2005)

One of our SM members actually ordered it not realizing it was Audrey. She said the check book cover is such a cheap piece of crap. She said it is an inkjet photo stuffed inside a cheap plastic cover. Vikki I would not let this slide. Do you have an attorney that you could get to write you a letter? I wonder what would happen if you emailed the seller and complimented the picture and ask where in the world did she get such a cute picture of a Maltese and see what she says. I bet she claims it is her dog. This makes me so made. :smmadder:


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## lillady (Jan 25, 2007)

I've asked her where she got the cute picture and surprise, surprise-no response as of yet :huh:


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## Moxie'smom (Dec 16, 2007)

> One of our SM members actually ordered it not realizing it was Audrey. She said the check book cover is such a cheap piece of crap. She said it is an inkjet photo stuffed inside a cheap plastic cover. Vikki I would not let this slide. Do you have an attorney that you could get to write you a letter? I wonder what would happen if you emailed the seller and complimented the picture and ask where in the world did she get such a cute picture of a Maltese and see what she says. I bet she claims it is her dog. This makes me so made. :smmadder:[/B]



I think it's more of a hit to the person if Ebay suspends them or kicks them off of ebay. It should be quite easy, they are in violation of copyright infringement. Intellectual property. not only the situation here which is horrible, but They are also selling logo's of sports teams without permission. 
Ebay should pull them off of ebay in a NY minute!


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## Moxie'smom (Dec 16, 2007)

> Just took a look - it's a pain to report, I have to fax them something. Of course I don't have a fax here, so I'll have to wait until I'm in the office next week.
> I'm not sure what to report them under:
> 
> Do you think it should be counterfeit and copyright infringement/ ebay property infringes your intellectual property rights.
> ...


both...and can't you just email them.....?


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## CeeCee's Mom (Sep 14, 2006)

I am reading all of this and it just seems so bad that someone would do this. I have to say that you girls are just AMAZING!!!!!! I just love how you closed rank and rallied the troops together and solved this in no time!!!!!!


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## k/c mom (Oct 9, 2004)

I'm not a lawyer but my company received cease and desist letter from a lawyer representing a very large company regarding a product that was thought to have been sold by us without persmission .. long story .. but our vendor had gotten permission from the company but it's a huge one and the parent company didnt' know. Anyway, that one was easily taken care of. 

But what we had gotten was a very strong letter telling us exactly what we had to do to avoid a law suit. We had to tell them how many had been sold, give the a portion (can't remember amount) of the sales $$, and send all of the inventory back to them. 

A letter such as this should put the fear of G-d in to them. It did to us!

Perhaps the SM member who bought one can request the seller's contact information. I think only people involved in buying/selling together can get personal info. They will also give the requester's personal info to the seller but if the SM member does this, the seller already has her info anyway.

You can also report it to eBay as follows: And if you contact their VeRO program (see below), I believe you can get the seller's contact information.

1. At the bottom of the auction page on the left side under *Options* there is a link: "*Report this Item*" (You'll need to use an auction that hasn't ended: 140211818774 -- This is an auction number for another of her checkbooks with Audrey's picture on it.

2. Then click: *Counterfeits and copyright violations *>*ebay item infringes on your intellectual property rights *> *Contact eBay's VeRO program*.

3. Then you'll get to a page so you can contact them.

Here is a page describing the VeRo program: http://pages.ebay.com/help/tp/vero-rights-owner.html

Good luck!!! Keep us posted!


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## bentleyboy (Dec 13, 2006)

OOOPS! I have a picture of Josie in by electronic catalogue. Hope thats okay Josie's mommy. She just looks so comfortable in the soda pop bag. :biggrin:


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## 2maltese4me (May 8, 2006)

> I've got the 2007 SM calendar right here in front of me (May 2007)! The same picture!!!!
> 
> It says Audrey, Hoboken, NJ.[/B]



Was just going to post that.


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## momtoboo (Jan 30, 2006)

I would be so upset if someone took one of my photos & used it for profit. :smmadder: Hope you get it taken care of.


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## lynda (Oct 11, 2005)

GO GETTEM GIRL B)


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## babygirlmom (Jul 3, 2007)

I would go get Judge Joe & Judy! This is not right! All kidding aside, I hope you find out who it is and put a stop to this. There is no telling however, where else they have sold this stuff. Even if you get it stopped on Ebay, you won't stop them from using the picture & doing this somewhere else.


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## Vikki and Audrey (Jan 12, 2005)

I was in the office today and printed off the forms needed to send to ebay (you can't just e.mail for some reason). 

Of course, now her pic has disappeared from that store. Do you think someone tipped them off? :shocked: 

I'll keep and eye on it from now on.

Thanks again all!


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## Cosy (Feb 9, 2006)

> I was in the office today and printed off the forms needed to send to ebay (you can't just e.mail for some reason).
> 
> Of course, now her pic has disappeared from that store. Do you think someone tipped them off? :shocked:
> 
> ...



I would send the forms anyway. Let them know this person is at it again.


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## MandyMc65 (Jun 14, 2007)

It's still on the original bidding site that was posted in the first post.
This link

So it may not be in their store, but it stills shows it was a sold item.

 Good luck!


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## lillady (Jan 25, 2007)

Not only that-but if they look at this person's store-they will see lots of stolen images :thumbsup:


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## coco (Sep 20, 2006)

> > index.php?act=findpost&pid=541415
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Those pictures are just too cute! She's a gorgeous dog. I LOVE the ladybug picture. :wub:


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## fach (Jun 27, 2005)

Didnt have time to read all the posts so if this has been said already please forgive me.

If the photo was in a calendar that was sold......... doesn't the maker of the calendar have rights to it? Meaning SM or Joe???????

If so this could really be trouble for the *** that is selling the image on ebay.


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## lillady (Jan 25, 2007)

Ooh-good point-I would think so??? :shocked:


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