Ebay enforcing laws?

P

PursesAddict

Member
Apr 25, 2009
322
2
#1
I was watching some cosmetic products on Ebay (MAC and Chanel in particular) and this is what came up:

"Unfortunately, access to this particular listing or item has been blocked due to a Paris commercial court decision that bans trade of certain authentic perfumes and cosmetic products on eBay because of French selective distribution laws. eBay is appealing this ruling but is nevertheless required to enforce it. We are blocking your viewing in an effort to comply with this court decision. Regrettably, in some cases, we may prevent users from accessing items that are not within the scope of the decision because of limitations on existing technology."

So there's a chance of no more makeup on ebay? What do you guys think?
 
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#3
“Regrettably, in some cases, we may prevent users from accessing items that are not within the scope of the decision because of limitations on existing technology”

Just guessing here, but I think they are trying to say that they do not have software programs that are reliable enough to catch all scammers, so they are erring on the side of being too strict and as a result blocking legitimate listings as well as scamming ones.

Not what we want to hear, but it is tough to have it both ways. No one wants to be scammed and the courts are slapping eBay pretty hard in France. I am sure they would like to have a foolproof system, but that probably will never happen. The marketplace is too large for human evaluation of every listing and scammers spend a lit of time, effort and money on beating the system. :shame:
 
#4
OP ...What country are you in? I just did an e-bay search for "Chanel Perfume" and got almost 2,000 listings. BUT that being said ...........

In reading a summary of a French Supreme Court ruling ..... (No. 02-10566 of January 11, 2005 – Auchan France v. Levi Strauss Continental ....it sounds to me like the French Select Distribution Laws prohibits the "re-selling" of certain products by third parties.


"Unlike other European countries, French Courts recognise to manufacturers, who distribute their products through selective distribution networks in compliance with the principles of internal and European law, the right to prevent third parties, who are not members of such networks, from selling the same products. The decision of the French Supreme Court (No. 02-10566 of January 11, 2005 – Auchan France v. Levi Strauss Continental) confirms the above mentioned principle and states that the third party, who sells the manufacturer’s products, without being a member of the network, commits an act of unfair competition against the manufacturer. The decision also deals with other important issues of selective distribution."


Maybe another suit against e-bay brewing (?)
 
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#5
pzold said:
OP ...What country are you in? I just did an e-bay search for "Chanel Perfume" and got almost 2,000 listings. BUT that being said ...........

In reading a summary of a French Supreme Court ruling ..... (No. 02-10566 of January 11, 2005 – Auchan France v. Levi Strauss Continental ....it sounds to me like the French Select Distribution Laws prohibits the "re-selling" of certain products by third parties.


"Unlike other European countries, French Courts recognise to manufacturers, who distribute their products through selective distribution networks in compliance with the principles of internal and European law, the right to prevent third parties, who are not members of such networks, from selling the same products. The decision of the French Supreme Court (No. 02-10566 of January 11, 2005 – Auchan France v. Levi Strauss Continental) confirms the above mentioned principle and states that the third party, who sells the manufacturer’s products, without being a member of the network, commits an act of unfair competition against the manufacturer. The decision also deals with other important issues of selective distribution."


Maybe another suit against e-bay brewing (?)
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Interesting point.

I searched for "Chanel lipstick" and was shown every listing without issue as well...
 
#6
jenaywins said:
Interesting point.

I searched for "Chanel lipstick" and was shown every listing without issue as well...
Click to expand...

Maybe the block is just French Listings and OP can shed some light on what listings she got the message? I find this interesting.
 
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#8
Here is part of an article from the "Austrailian Business with Wall Street Journal..... Seems the Paris court order against the sale of perfumes and beauty products is specific to French Users:


"LVMH wins case against eBay in Paris" The Times December 01, 2009 7:14AM"

"The luxury goods industry has won a new victory in its battle with eBay after the online auctioneer was fined €1.7million ($2.8m) for breaching an injunction banning the sale of perfumes and beauty products made by LVMH.
The Paris Commercial Court said that the American company had failed to uphold an order to stop French users from auctioning Christian Dior, Kenzo, Givenchy and Guerlain brands on its site.

Analysts said that the case illustrated the difficulty of policing eBay auctions, in particular, and online sales in general.

The Paris court ruled last year that eBay had no right to allow the sale of the perfumes because LVMH, the world's biggest luxury goods group, which owns the brands, had entered into exclusive contracts with specialist retailers..........."

"The court is maintaining its position vis-a-vis eBay and considers that so long as the illicit practices continue, eBay must continue to be fined," Pierre Gode, a director of LVMH, said."

Link:
http://www.theaustralian.com.au/bus...y-in-paris-court/story-e6frg9h6-1225805573569
 
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#10
That's horrible news...although I have read stories before where people bought fake luxury perfumes and beauty products. *bay is not one of the places i feel comfortable buying these types of things.
 
#11
pzold said:
Here is part of an article from the "Austrailian Business with Wall Street Journal..... Seems the Paris court order against the sale of perfumes and beauty products is specific to French Users:


"LVMH wins case against eBay in Paris" The Times December 01, 2009 7:14AM"

"The luxury goods industry has won a new victory in its battle with eBay after the online auctioneer was fined €1.7million ($2.8m) for breaching an injunction banning the sale of perfumes and beauty products made by LVMH.
The Paris Commercial Court said that the American company had failed to uphold an order to stop French users from auctioning Christian Dior, Kenzo, Givenchy and Guerlain brands on its site.

Analysts said that the case illustrated the difficulty of policing eBay auctions, in particular, and online sales in general.

The Paris court ruled last year that eBay had no right to allow the sale of the perfumes because LVMH, the world's biggest luxury goods group, which owns the brands, had entered into exclusive contracts with specialist retailers..........."

"The court is maintaining its position vis-a-vis eBay and considers that so long as the illicit practices continue, eBay must continue to be fined," Pierre Gode, a director of LVMH, said."

Link:
http://www.theaustralian.com.au/bus...y-in-paris-court/story-e6frg9h6-1225805573569
Click to expand...


WOW> That is very interesting. heavy fine.
 
#12
ibezj said:
That's horrible news...although I have read stories before where people bought fake luxury perfumes and beauty products. *bay is not one of the places i feel comfortable buying these types of things.
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What is horrible news? That eBay is finally getting what it deserves considering it turns a blind eye to the multiple counterfeit listings that plague its site on a daily basis???
 
#13
jenaywins said:
What is horrible news? That eBay is finally getting what it deserves considering it turns a blind eye to the multiple counterfeit listings that plague its site on a daily basis???
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No, I think what ibezj means is, according to the way I read the summary of the French Supreme Court Ruling regarding the French Distribution laws and the recent Paris Court Order, is that French e-Bayer’s can’t sell some of their own perfume and make-up products even if they are real! It appears to restrict reselling of legitimate goods, not trademark violations.

Here is e-Bays comment on the court ruling in that article …….. EBay said that France was the "only country in which users do not have the right to sell a product which they own". And the order says nothing about Chanel. Maybe e-Bay is being preemptive with the sale of all designer make-up and perfume in France.

Let’s wait for OP to find out what listing she got the message on. That will tell us more.
 
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#14
pzold said:
No, I think what ibezj means is, according to the way I read the summary of the French Supreme Court Ruling regarding the French Distribution laws and the recent Paris Court Order, is that French e-Bayer’s can’t sell some of their own perfume and make-up products even if they are real!

Here is e-Bays comment on the court ruling in that article …….. EBay said that France was the "only country in which users do not have the right to sell a product which they own". And the order says nothing about Chanel. Maybe e-Bay is being preemptive with the sale of all designer make-up and perfume in France.

Let’s wait for OP to find out what listing she got the message on. That will tell us more.
Click to expand...

Ah hah! That also makes sense...
 
#15
Yeah, I am sorry, I should have been more specific in my comment.

I meant it's bad news in the sense that legitimate sellers and buyers alike are now being restricted...eBay, though sometimes lacking in its enforcement of the anti-counterfeiting agenda, provided a great channel through which people who otherwise could not sell or could not obtain those items can now engage in a trade?
 
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