...as if eBay is really goofing this one up.

I'm curious: did you suffer any damages? Is this simply a case of you being annoyed that someone had the same picture as you, or did the fact that it was the same picture cause confusion (e.g., a buyer backing out of your sale because of what they say the same picture with a different seller)?

I'm not asking to accuse you of anything or to give you a hard time. eBay does need to keep to the rules. No, I'm asking because, if there are actual damages, you may have other recourse.