Ebay & Tiffany in fight over fakes

  1. From today's NYTimes:

    http://www.nytimes.com/2007/11/27/technology/27ebay.html

    One thing I find interesting about this, aside from eBay's arrogance, is how a court victory for Tiffany's will impact other services that blithely sell fakes and counterfeit merchandise with little accountability. Like Amazon. Sure a lot of fakes on Amazon. And not just purses. But bootlegged audio and video.
     
  2. Mmmmmmmmmm,it will be very interesting to see how this resolves,I personally get really pissed off with the amount of fakes on e-bay,so won't go there,I'm sure I'm not alone in this and that spoils it for people selling the real deal,and it denies me bargains as I'm too wary!!
     
  3. Wow...great article, thanks for the post.
     
  4. Great article! It's about time someone tried to do something about this! If Tiffany wins I certainly hope other companies will follow suit. I know it's a little hard for eBay to police every item out there- but honestly, when I browse eBay it is SO easy for me to pick out a number of fakes right off the bat. And supposedly ebay "checks" all listings before they become searchable. When I report them to ebay as counterfeit- the auction is NEVER taken down and nothing is done about it (and I report a lot of obvious fakes). It's really keeping people from buying big ticket items. As a seller, I get questions all the time regarding authenticity. Some people have the nerve to tell me that my item doesn't look like another auction- which is selling a FAKE! I truly think it hurts sales for those of us selling authentic pieces.

    I also especially liked the line in the article about Louis Vuitton thinking people don't buy their monogram purses because there are too many fakes. That's EXACTLY why I won't buy one- everytime I see one, I automatically assume it's fake. Sad, but true.
     
  5. “And we go above and beyond what the law requires us to do to keep counterfeits off the site.” :roflmfao:


    HA! What a joke.....there are so many obvious fakes on ebay...it's disgusting. And then ebay shuts down auctions with 100% authentic items!
     
  6. Maybe if some of these brands put out a cheap line (Like Armani and Armani Exchange) it will kind of decrease the demand for fakes.

    I personally dont understand why people even shell out a dollar for fakes. Some of the fake handbags that I have seen were is such terrible condition, my 5-year old niece could do a better job.
     
  7. Hmm, very interesting and legally very big news. I am taking an internet law class and we discussed this very issue. Ebay never got into trouble for selling fakes because they are seen only as a portal where the exchange takes place. But if they are seen as more than a portal, they may be held responsible. I'll have to watch this one.
     
  8. Well Napster argued that they were merely a portal for people distributing music illegally but the courts disagreed.

    With all the money that ebay takes in they could certainly do a much better job policing fakes. And protecting buyers too. Ebay has been around for a dozen years and the fight with Tiffany's over fakes has been going on for about 10 years now. It is sad that ebay doesn't step up to the bat and act more responsibly in this matter.

    I love ebay, I've always thought it was a nifty service and I've bought many things on ebay over the years (too much really), but it saddens me that they have not developed a corporate culture that sees a moral obligation in protecting consumers and trademark holders. Instead they pocket the profits they get from the many rip-off artists on their service and duck their heads protesting "not our fault!"
     
  9. I will be very interested to hear the verdict. I would think that if the court rules in Ebay's favour, then sites such as Amazon would also be impacted. In my view it would just be an issue of when - do they wait until they get sued, or take action before that happens?

    There is a 2006 Australian case you may find of interest. In the case Louis Vuittion sued the "landlord" of markets reasonably close to where I live, as stallholders were selling fakes. However, in that case the court found that the landlord wasn't responsible - in part because he took steps to try to stop the sale of them.
    Full case is available here if you want to wade your way through it!
    http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/federal_ct/2006/1443.html?query=^louis%20vuitton
    A summary: http://www.minterellison.com/public/connect/Internet/Home/Legal+Insights/News+Alerts/LU-Louis+Vuitton+loses+trade+mark+infringement+case
     
  10. But if you DO have one, you'll know the difference. I own a lot of Mono pieces but honestly, could care less about fakes, I buy them because I like them. :yes:
    It's kind of odd though that LV would think that about the Mono line, especially since they keep making new styles and discontinuing older ones in it. In that case, the Mono line should be discontinued altogether. However, it won't be because it's classic and is the line most people fall back on after they've had their fill of LE pieces.



    Anyway, great article, I really hope something DOES get done about it...I hate seeing people get duped by fakes and hate seeing people making money off of them. :yucky:
     
  11. eBay's argument is b.s. if an INDIVIDUAL was involved....the individual would have a responsibility to report a crime. eBay doesn't want that responsibility but i hope the courts can finally push it on them.
     
  12. I doubt anything is going to happen to Ebay because of this. The simple fact of the matter is that Ebay is monstrously big and that is the sole reason why they are being targeted. If Ebay is forced to police, internet commerce of all forms would be disrupted, and I don't think this is the precedent anyone wants to set.

    I also think there's a sinister purpose behind Tiffany's motives: even if it is possible to confirm authenticity of every item listed, they will still have a problem with it, because lets face it: it affects their profit's bottom line if people can get the same item for cheaper. If Tiffany's had it their way, second hand shops would not exist.

    I mean, does Ebay really affect Tiffany or Louis Vuitton's bottom line? I think not, as we can all attest on this forum, most of the people that buy Louis Vuitton (like most of us on this forum) are concerned with authenticity and take great steps to protect ourselves and rarely get duped. Or if we do, we realize that going to Louis Vuitton is our best bet. Other people that don't care will find a way of getting their fakes, Ebay or not.
     
  13. interesting article. ... I just hope that if and when ebay loses, ebay seller fees remain as they are now, they've been increased too often already as it is!
     
  14. I just wish ebay would hire someone who can tell the difference between real and fake LV auctions! All too often I am bidding on something and ebay pulls it!
    I was bidding on an eliza in white and I had emailed the seller with a few questions. Ebay pulled the auction so I emailed her and asked her what happened. I asked to send me photos and the bag looked real and she told me she was honest so I took a chance. I paid 575.00 INCLUDING the shipping and she sent me the bag. It is authentic, it's beautiful, I got a great deal on an almost new bag and ebay didn't get to collect their fees because they cut her auction! Yet I see fakes left to run their course all the time! Makes no sense.
     
  15. You know, I think e-bay makes enough money to pay enough people to find alot of the fakes. Some are so obvious it's laughable! I, too report them and they rarely are removed, especially if there is a bid...makes me so mad!
    I agree about the LV bags along with any monogram bag. They kinda all look fake to me now.:confused1: