Catherine Boyle
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EBay, the internet auction site, has won a significant battle in the war over the sale of luxury goods on its site.
A US court has ruled that Tiffany & Co, the world-famous jewellers, failed to prove the online auctioneer was responsible for the sale of fake Tiffany jewellery on its website.
The ruling could play a key role in deciding the ground rules for doing business over the Internet in future.
Earlier this month, Moët Hennessy Louis Vuitton (LVMH), the French luxury goods maker, won €40 million (£31.5 million) in a case against eBay for selling counterfeit goods. The internet site was also told by the French court that it cannot allow sales of four LVMH perfumes, even if they are genuine.
It also emerged that Maclaren and Bugaboo, which together supply over a third of the pushchairs sold in the UK, are trying to stop new pushchairs being sold through eBay.
Tiffany alleged that eBay turned a blind eye to the sale of fake Tiffany silver jewelry on its site, and claimed that its employees found 73 per cent of “Tiffany” silver jewellery pieces bought on eBay were counterfeit. EBay said the jeweler chose not to participate in eBay programs that help brand owners prevent fraud.
US District Judge Richard Sullivan said: “Given Tiffany’s choice to sue eBay, rather than individual sellers, and this court’s conclusion that eBay does not continue to supply its services to those whom it knows or has reason to know are infringing Tiffany’s trademarks, Tiffany’s claims against eBay must fail.”
California-based eBay says it takes down more than 90 per cent of fraudulent goods on its site within four hours of their posting.
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what's the difference between this and people uploading copyright content on youtube? why is youtube liable and ebay not? any lawyers out there to explain that one?
James, London, UK
Rob, ask yourself how these sellers have multiple quantities of Tiffany merchandise which they are happy to sell well below RRP. It doesn't make sense. This is not about individuals selling one off items, it is fraud. It is the same for a lot of designer goods, eg North Face, Abercrombie etc
Martin Green, London, UK
Tiffany and Co. don't care about protecting consumers against conunterfeit goods, all they care about is stopping them buying from each other rather than from the company. I say this is a good victory for the free market, despite my reservations about some of ebay's selling policies.
rob, liverpool,
Ebay is becoming like big brother and have now resorted
to putting spywear on your computer has soon as you log in.
i run spyware detector so am able to check and remove it,
they say they now know which computer you are using
to buy and sell items. what an excuse to track your surfing.
stephen, preston, England
Good verdict I would say. If Ebay were found guilty of this then it would have extended the concept of responsiblity too far, to the extent that any newspaper carrying private advertisements could be responsible if say a vendor were to offer a dodgy car for sale
Dave Humphrey, Gloucester,