I submitted a design (Parts list + custom instructions) to moc.bricklink.com and recently discovered that a user on Ebay is apparently selling the bricks to make the design and then e-mailing the buyer instructions (The listing also uses photos originally from the moc.bricklink.com page). After contacting Ebay's Verified Right's Owner Program (VeRO) with a Notice of Claimed Infringement (NoCI) form, the representitive said that the case as described didn't sound like intellectual property infringement so the listing wasn't taken down. If the seller actually is distributing the instructions I made without permission, then that is against the Digitally Delivered Goods policy for Ebay sellers (http://pages.ebay.com/help/policies/downloadable.html), yet that's not for certain and it would be difficult to prove without buying a copy (and because the listing is private previous buyers of the item cannot be contacted to find out the specifics of what's going on).
For reference here is the link to the moc.bricklink.com page http://moc.bricklink.com/pages/moc/mocitem.page?idmocitem=3997
and the link to the Ebay page where the design is apparently being sold http://www.ebay.com/itm/Lego-Custom-San-Francisco-Cable-Car-Minifigure-Scale-Train-Car-Passenger-MOC-/201745851286?hash=item2ef8fd6396:g:NO8AAOSwnHZYTFC3
So, what if anything can be done now?