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We have had our best results in controlling Ebay infringement by contacting the sellers directly. If its a USA customer, you can bid on the item and then get their contact info from Ebay, including their phone number. We have done this on occasion when we found our content being sold VCD'd. It certainly gets their attention when you call them and followup with a cease and desist letter telling them to cancel all bids and close their auctions. If there are multiple bids on the items you can also tell the seller that you had a shill bid on the item on your behalf and that if the seller attempts to contact the bidders later and sell the item off ebay, you would consider that bad faith and pursue litigating that matter instead of letting them off the hook with just a warning. When you think about it Ebay/Paypal offers a perfect means to document infringement/monetary gain and it provides you with an easy witness list. Given the opportunity to be a witness against the seller or added in as a defendant i think most previous buyers would be easy to flip against the seller.
Dont bother going through Ebay's Verio program. Its a joke how slow they move.
Another thing you can do is set your Ebay "Favorites" section to conduct a search with some keywords to your product. You can get three searches to run automatically and email you in the event they find something, that way you arent glued to Ebay searching for the scumbag infringers all the time.
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