The whole pie isn't yours anymore.

You've simmered and seethed while sitting in your chair, staring at your competitor's listings. How could someone do this to you? It is YOUR idea! You used your creativity and wrought this out of your own imagination. You worked hard perfecting every aspect and detail of your item. And now, because of the freedom of our economy, someone decided to simply copy you and vie for a piece of the pie.

What can you do?

1. Find out your rights - your intellectual property rights.

Did they copy your pictures as well? Your pictures are yours, and no one else may use them without your permission. Report the listing number along with your listing number in the Ebay Securities and Resolution Center. For further listings, place a watermark or other identifier onto all of your pictures.

Is their item description identical to yours? Or maybe they just changed a few words here and there to attempt to make it their own? Your descriptions are yours, and no one else may use them without your permission. Report the listing number along with your listing number in the Ebay Securities and Resolution Center.

Did you create your own brand? If so, by common law, that is your trademark, and you can put the little TM sign behind your name. For example, we created the brand of the Little Elephant Company, and any one who uses our brand as their own without our permission would be violating our intellectual property right. There is no need to register your brand unless your rights are being violated.

Does your inventive idea qualify for a design or utility patent? Visit the United States Patent and Trademark Office website for a complete description of a qualified item. For even more information, contact a registered patent attorney and ask questions. Many attorneys will give you a free consultation. But do your research first so you do not waste your time or theirs.

2. Be more desirable than the competition.

Keywords - create a descriptive title for your listings that includes as many relevant keywords as possible. The keyword here is "relevant" - using keywords that do not relate to your product is considered keyword spamming and will result in having your listing pulled. Visit eBay's seller's policy to read the specific rules for keywords and product brands in your titles and item descriptions. Your title and keywords are equivalent to a brick and mortar business's address: location, location, location.

Presentation - carefully critique the appearance of your listing. Have family members, friends, your best customers, and fellow sellers take a look at how your listings appear. Create a template that is appealing to the eye in color and design. Your description should be neither too lengthy or inadequate. Describe it in much detail - as if the person can't see it. Then include as many pictures as you can. Shots from different angles, shots close up, and shots of the entire item - just as if you can't use any words.

Price - has to be competitive. Go as low as you can without going into the red. A buyer will more likely bid on a low priced item and then work his way up, rather than starting at a high bid. Once you've got them bidding, human nature makes it hard to stop the adrenaline rush of trying to win.

Customer service - is a MUST. Buyers are more comfortable buying an item that carries a return policy, even if the policy is only 3 days. The reassurance that they can immediately send it back if they hate it makes it much easier for them to click the "Commit to Buy" button. Also, answer all questions in a timely manner. Your spouse or significant other may think you're nuts for checking your email as soon as your feet touch the floor in the morning, every hour, and immediately before getting into bed for the night. But a quick answer to questions gives the buyer more confidence in you and your items.

3. Get counsel, advice, and further guidance - but take it with a grain of salt.

Lurk on the eBay discussion boards and ask your own questions. There are many experienced sellers who enjoy helping others do better with their business. They are more than happy to share their knowledge with others - except for revealing their product sources.

And receive encouragement. Don't just listen to those with the pessimistic viewpoint; take to heart the words of those who encourage you to continue to excel.

Therefore, in conclusion, you should be proud, honored, and ecstatic that you have created something worthy enough to have been copied, mimicked, and imitated. Congratulations!