Hermes vs eBay

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#18
Unfortunately, I don't think this will have any effect. The vast majority of fakes originate in China, and Ebay is too concerned about garnering marketshare in China to do anything substantial about the counterfeits from there.

As far as Hermes suing Ebay USA, does anyone know if a Frenc.h company sue an American company in America?
 
#19
CynthiaNYC said:
BTW in the US at least, it's actually not possible for Hermes or any other maker of anything legal to "ban" people who own the items from selling them wherever they feel like it. It's called First Sale Doctrine, and it's an inalienable right of a US citizen. If you buy something, you own it, and therefore you can set it afire, use it as a lunchbox, sell it on eBay, or give it away if you choose. It's your property, end of story. Obviously this doesn't count for things like liquor that's regulated by the states or Federal Govt, or for illegal goods like counterfeits or drugs or what-have-you. But my point is that in the United States, no vendor can bar people from selling their own property if it's been acquired legally.
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Respectfully, I thought that the "First Sale Doctrine" only applies to resellers of goods made LEGALLY. Inotherwords, you buy something at Hermes and resell it on ebay - no copyright violation there, because First Sale Doctrine applies. However, you buy something on Canal Street, sell it on ebay - First Sale Doc doesnt apply.
 
#20
jedimaster said:
Respectfully, I thought that the "First Sale Doctrine" only applies to resellers of goods made LEGALLY. Inotherwords, you buy something at Hermes and resell it on ebay - no copyright violation there, because First Sale Doctrine applies. However, you buy something on Canal Street, sell it on ebay - First Sale Doc doesnt apply.
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that's right, jedimaster - cynthi, was referring to the question as to whether hermes would try to stop the sale of legit hermes products on ebay, and says that the doctrine "doesn't count for things like liquor that's regulated by the states or Federal Govt, or for illegal goods like counterfeits or drugs or what-have-you." so i think we're all in agreement!
 
#22
pursenality said:
"EBay says it does take action when it is notified that counterfeit goods are being offered for sale. "

Yeah, right. I believe the reason why counterfeit goods are still appearing on eBay because people get tired of reporting when eBay is not doing anything to remove them. Removing the listings = less income for eBay.
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Sad but true.
 
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