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#31
I don't believe a word of that tabberone article. I agree that just because it is posted on the Internet doesn't mean it is true. I think that the attorneys who filed this case on behalf of Ms. Kim are a joke personally. It is all about them getting rich off a class action lawsuit.

You don't see Coach going after NUMEROUS resellers on eBay who constantly sell multiples of popular items that have steep discounts at the outlet so that they can profit. They are allowed to sell and haven't been complaining about receiving cease and desist letters. Coach isn't "going after people who sell a single bag" they don't like anymore as claimed in the Tabberone site. Give me a break already! I am sure their counsel is effective enough to realize that they have to advise their client (Coach) that it isn't legal to go after people who are selling parts of their collection for whatever reason.

In some ways, I think if I were CEO or the head attorney representing Coach, I wouldn't respond to this incredulous load of junk either and wait for it to come out in court. I wonder why Ms. Kim and/or her attorneys raised a stink, but failed to show pictures of what she was supposedly selling to prove that they weren't fake or to show receipts of her items along with pictures to show that.

Things that make you go hmmmmm......
 
#32
lacey_stiletto said:
This entire issue is not a Coach issue. It's an issue faced by many many brand-name and luxury goods producing companies. I'm willing to bet money that Coach corporate does not authorize the sale of authentic Coach bags at TJ Maxx or other discounters and that the few that end up there are placed by third party retailers without Coach's knowledge or permission. Companies like TJ Maxx and Target willfully do this, even knowing that the manufacturer has policies against it, until court-ordered to desist.

It's a price to be paid for protecting the brand name and image. Companies want to control their own brand and how it's marketed. I daresay very few people on this forum would buy many Coach bags if they were sold at Walmart every day of the week. Nor would they buy MAC cosmetics or a Chanel suit.
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I agree with you to a point. Especially on the TJ Maxx thing. I don't however agree with people not being able to sell their own bags, that they've paid for.
 
#35
It seems to me that when she received that letter, she should have sent a registered letter response back stating - I do not own, and never did own, nor have for sale, any counterfeit Coach merchandise. If you want $300, take me to court.

I'm sure there is much much much more to Ms. Kim's side of the story, I sure wouldn't paint her as a victim.
 
#36
I am sure Coach just targeted her. I am thinking that when consumers (buyers) report auctions as being fake Coach to eBay, eBay in turn notifies Coach and that is how this came about. I am pretty sure they don't sit around all day looking at each and every Coach auction on eBay then decide to pick on someone they feel like picking on. Give me a break! LOL
 
#37
There's a LOT more to that story. That law firm, Gibney, Anthony & Flaherty, has been sending those threatening letters to sellers of Coach as well as Tiffany, Adidas and other brands for years now. Start with these posts at Ebay's Clothing forum:

http://forums.ebay.com/db2/topic/Cl...ies/Ebay-Seller-Suing/510306317#1297329057394

http://forums.ebay.com/db2/topic/Shoes-Purses-And/Coach-Infringement-Letter/520260969#1297310779194

Here are some links from the second thread to forum posts about the situation, in case the original post disappears. Also check Google for the attorneys names, "Gibney Anthony Flaherty counterfeit fake"
http://www.google.com/search?hl=&q=...avclient-ff&rlz=1B3GGGL_enUS363US350&ie=UTF-8

http://forums.ebay.com/db2/topic/Clothing-Shoes-Accessories/Oftlog-Pot-Meet/520237980

http://forums.ebay.com/db2/topic/Clothing-Shoes-Accessories/Now-I-Am/520238870

http://forums.ebay.com/db2/topic/Clothing-Shoes-Accessories/Pinch-Me/520241996


http://forums.ebay.com/db1/topic/Jewelry-Gemstones/Tiffany-38-Consignors/510079666

http://forums.ebay.com/db1/topic/Jewelry-Gemstones/Hi-I-Need/510114580

http://forums.ebay.com/db1/topic/Fine-Jewelry-Gems/Tiffany-38-Co/510169609&start=0

and more posts at the Ebay Jewelry board.

Tabberone also has a page on this and other trademark law abusers - scroll down to "Coach":
http://www.tabberone.com/Trademarks/HallOfShame/HallOfShame.shtml


While some sellers of Coach and other name brands probably did sell some fakes either knowingly or unknowingly, the attorneys sometimes seem to be targeting sellers without valid proof that the items are actually fake. The Coach they tried to blackmail the seller from posts 3,4 & 5 above over is completely genuine.

Also it just seems to me that an attorney can be on thin legal ice when they use threats and extortion to basically blackmail a seller into sending them money BEFORE any legal action is filed or the seller found to be guilty in a court of law. What's in the 2 recent news stories is just the tip of a huge iceberg. While I'm totally against the sale of any type of counterfeit item, what this law firm is doing just strikes me as questionable and self-serving. If Coach is so worried about fakes, why are so many reported auctions of fake items never removed? (Maybe because there's no money in it for Coach's lawyers?)

And why don't they do what Chanel has been doing - actually FILE lawsuits against every US-based website owner or partner where fake Coach bags are sold?

This is going to be an interesting story for sure.
 
#38
If the problem is that an ex-employee is selling bags despite a signed contract forbidding her to do so, then why go after her for selling fakes? They might have a case for breach of contract. So why are they suing her for selling counterfeit Coach?

It seems as though whoever pulled the trigger on this lawsuit didn't do their homework. They were using the threat of a lawsuit to stop her from re-selling, but used the wrong threat. Her bags are probably real (if she really was an ex-employee), so I don't know if they can really get an enforcement from a judge for her to stop selling fakes.
 
#39
glazebrookgirl said:
If the problem is that an ex-employee is selling bags despite a signed contract forbidding her to do so, then why go after her for selling fakes? They might have a case for breach of contract. So why are they suing her for selling counterfeit Coach?

It seems as though whoever pulled the trigger on this lawsuit didn't do their homework. They were using the threat of a lawsuit to stop her from re-selling, but used the wrong threat. Her bags are probably real (if she really was an ex-employee), so I don't know if they can really get an enforcement from a judge for her to stop selling fakes.
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unless its written on the application--i never had to sign such a thing
 
#40
Brookitacita said:
Hmmm. Interesting. It seems like if she is actually a former Coach employee and is reselling purses she purchased using her employee discount, Coach has an even stronger case. All Coach employees must sign an agreement promising not to compete with Coach by reselling; this includes selling used bags AFTER you no longer work for the company. But articles like this like to come after the "big corporation," and conveniently leave out the fact that Coach has legitimate grounds for such a lawsuit.
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I was going off of this information. Seems like a breach of contract if true...
 
#41
ah and i did allude to that not being true after,

but i guess that was missed--

you can get fired if you are caught selling while you're employed there but afterwards, theres no saying.

but coach has a huge problem with you working there and using your discount to buy their products and go around and sell it for a profit.
 
#44
Hyacinth said:
There's a LOT more to that story.

While some sellers of Coach and other name brands probably did sell some fakes either knowingly or unknowingly, the attorneys sometimes seem to be targeting sellers without valid proof that the items are actually fake. The Coach they tried to blackmail the seller from posts 3,4 & 5 above over is completely genuine.

Also it just seems to me that an attorney can be on thin legal ice when they use threats and extortion to basically blackmail a seller into sending them money BEFORE any legal action is filed or the seller found to be guilty in a court of law. What's in the 2 recent news stories is just the tip of a huge iceberg. While I'm totally against the sale of any type of counterfeit item, what this law firm is doing just strikes me as questionable and self-serving. If Coach is so worried about fakes, why are so many reported auctions of fake items never removed? (Maybe because there's no money in it for Coach's lawyers?)

And why don't they do what Chanel has been doing - actually FILE lawsuits against every US-based website owner or partner where fake Coach bags are sold?

This is going to be an interesting story for sure.
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I wonder if there is someone in the law firm who actually does the hunting and maybe acted on Coach's behalf without them knowing all of the details so that they don't have to get involved. It could be that a legal secretary/assistant put out this form letter without doing all of their homework. I have worked at firms before where some attorneys completely trust their assistants to do such a thing and stamp their name (sometimes even sign their name for them).

I agree that they shouldn't have demanded money like that before any legal action. That is crazy. I can maybe understand the cease and desist, but not the demand for money.

It will be interesting to see how it goes. I am sure it will settle because Coach won't want to lose business by having their name dragged through the mud.

The last class action lawsuit I remember Coach having was the thing in California about demanding personal information. All we got was a postcard with a certain percentage off our next purchase that expired like 6 months from the date we got it.
 
#45
ms-whitney said:
ah and i did allude to that not being true after,

but i guess that was missed--

you can get fired if you are caught selling while you're employed there but afterwards, theres no saying.

but coach has a huge problem with you working there and using your discount to buy their products and go around and sell it for a profit.
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Most companies that produce goods have this 'clause' in their employment contracts though I have never heard of it being extended after the employment ends. Looks like the basis is on shaky ground. True we do not have all the facts, but then it does not look like the legal team does either!
 
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