Hey Dan
Check this out. Should help you out...
http://pages.ebay.com/help/policies/...ure-theft.html
This happened to me as well. I sold an item about a year ago, then a couple of months later, I saw my picture in someone's auction. I confronted them about it and they responded saying they hadn't posted their picture yet, but would later when they had time. A day later eBay shut it down.