The same seller keeps relisting my product. What can I do?

Why does the same seller keep coming back?

Because relisting is cheap and a single takedown rarely changes the seller's incentives. A listing removal takes down one page. It does not necessarily end the seller's account, and a determined seller can post the same photos under a new title or a new store.

The law gives platforms a reason to act on this, though. To qualify for the DMCA safe harbor, a platform must have "adopted and reasonably implemented" a policy providing for "the termination in appropriate circumstances" of account holders who are repeat infringers. That is the text of 17 U.S.C. § 512(i)(1)(A). Two limits matter. The provision is about copyright, and it leaves "appropriate circumstances" to each platform. There is no national number of strikes, which is why your documentation carries so much weight.

How do I document each relisting?

Build one record per incident, not one folder of screenshots. For every relisting, capture:

• The listing URL, item or ASIN number, seller name and store URL.
• A dated screenshot of the full page, plus your own original product or photo side by side.
• The date and reference number of your earlier report and what happened to it.
• What changed since the last version, for example a new title but the same images.
• The platform's response to your new report.

A simple spreadsheet works. The goal is a timeline that lets a reviewer see in under a minute that this is the third version of a listing you already reported. Amazon's Report a Violation tool includes a Submission History tab that Amazon says tracks "every report's status and outcome," so use it, and keep your own copy as well.

Do I file a new report for every relisting?

Yes. Each relisted page is a separate piece of material, and a report against the old listing does not cover it. Keep each report accurate and specific to the new listing. Do not copy and paste an old claim without checking it still matches, and use the right claim type. Our guides on trademark versus copyright complaints and why Amazon rejects reports cover how to avoid avoidable rejections.

Amazon's Report a Violation tool lets rights owners search the catalog by ASIN, offer and image and handle up to 50 ASINs in one search, according to Amazon's description of the tool. That helps when one seller has several copies of your product live at once, because you can find and report them together rather than one at a time as they surface.

What do eBay and TikTok say about repeat infringers?

Both publish repeat infringer language.

On eBay, the intellectual property resources for sellers state that "Sellers who continue to violate intellectual property rights may have escalating consequences, ranging from selling restrictions to permanent suspension from eBay." The same page says an item reported through VeRO as allegedly counterfeit "can't be relisted," and that trying to list it again may lead to selling restrictions or account suspension. If you use VeRO, tell eBay when an item you already reported has come back. Our eBay VeRO guide walks through the reporting steps.

On TikTok, the intellectual property policy says TikTok has "adopted and reasonably implemented an intellectual property repeat infringer policy" and bans accounts of users who repeatedly commit infringement. It also says TikTok may ban an account immediately in severe cases and may refuse to let someone whose account was used for improper activities open a new one. See our TikTok Shop removal guide for the reporting path.

For Amazon, we did not find a public page stating a specific repeat infringer threshold, so we do not claim one here. Read Amazon's current policies in your Brand Registry account and file carefully, since your own report history is part of the picture too.

Should I ask whether the seller has multiple accounts?

Ask the question, but be careful how you answer it. A seller who returns under a different store name is common, and platforms have an interest in connecting those accounts. What you can reasonably do:

• Note concrete overlaps you can see: identical images, identical titles or descriptions, the same product variations, or the same listing text with typos intact.
• Say so in a factual sentence in your report, such as "this listing uses the same photographs as the listing removed on [date] under [seller name]."
• Leave out guesses about who the person is or where they live. You cannot verify it, and a wrong accusation helps no one.

If you know the seller's real contact details, for example because they sent a DMCA counter notice, that is a separate matter. Our post on what happens after a counter notice explains what a counter notice must contain.

A hypothetical: a brand reports a copied lamp listing, and it comes down. Nine days later a listing with the same three photos appears under a different store name. The brand files a new report, attaches a side by side of the earlier and new listing, and lists the dates of the first report. A reviewer can see the pattern without reading a long narrative.

When should I escalate beyond platform reports?

Consider talking to independent licensed IP counsel if:

• Takedowns are not holding even though your reports are accurate.
• You have strong evidence that one operator is behind several accounts.
• The sales you are losing justify a demand letter or a lawsuit.
• You are unsure whether your trademark, copyright or design right covers what the seller is doing.

The USPTO states plainly that you are "responsible for bringing any legal action to stop a party from using an infringing trademark." Registration helps with platform reports, but it does not enforce itself. A lawyer can assess whether a cease and desist or a court action fits your situation. This article is general information, not legal advice.

Sources

• 17 U.S.C. § 512, Limitations on liability relating to material online
• Amazon Selling Partner Blog: Report a Violation
• Amazon Selling Partner Blog: How to report an IP violation to Amazon
• eBay Seller Center: Intellectual property
• TikTok: Intellectual property policy
• USPTO: Trademark process