Thanks Tim. So here is a quick recap of what happened. eBay was no help really. My first communication to them got me an email saying, they couldn't do anything unless the original owner said they had a problem. I guess they could not figure out that I was the original owner so I resubmitted. At about the same time, I politely asked my picture to be removed and for them to refrain from using any other copyrighted images from my website. After about a day, the seller complied and used a different image for their auction. eBay contacted me again about the second communication, and wanted more information. By that time, the seller had switched photos, and the auction had less than 1 day left.
So, long story short, it seems like your best bet is to contact both like I did, but don't expect much from eBay if the auction has a short duration. Their "process" does not seem like it is fast enough to resolve the situation before it is a moot point.