Comments on: eBay Vows to Fight Following Overreach by LVMH

By: avi converter

avi converter — Wed, 16 Jun 2010 10:21:19 +0000

Thanks for the writing this! I’m new at this game so am trying to catch up.

By: Mechelle

Mechelle — Sat, 12 Jul 2008 13:56:37 +0000

So, is eBay giving up the fight and banning the sale of these products worldwide?

By: dimes

dimes — Wed, 02 Jul 2008 17:15:49 +0000

Richard, this gentleman is quoted by Ina Steiner at auctionbytes as saying that both the buyer and seller are compensated by paypal when items unwanted by the buyer and seller are forwarded to paypal.

That is untrue. Paypal specifically omits seller coverage for claims of “significantly not as described” (the category under which counterfeit complaints fall).

A further question you might pose to paypal’s Business Affairs department is under which legal principle paypal is “destroying” the supposed counterfeit goods.

I’ve been unable to find anything in the US Code that gives this right to anyone other than law enforcement and the copyright holder.

Thanks for following up on this.

By: Richard Brewer-Hay

Richard Brewer-Hay — Wed, 02 Jul 2008 16:46:21 +0000

@MSFISH213 @DIMES – I spoke further with Michael Oldenburg about the article (the You Say module on the eBay Ink homepage is currently linking to it) and he had this to say:

“I want to clarify again that fake and/or counterfeit merchandise has no place on the eBay marketplace. Items that buyers return to us through PayPal Buyer Protection for the reason of Not as Described (because of suspicion that the item is fake or counterfeit) are promptly destroyed and are not resold.”

By: MsFish213

MsFish213 — Wed, 02 Jul 2008 15:11:05 +0000

Amazing…having fakes returned to Paypals “Texas” address and then they are sold on another site so Paypal can recoup funds? Talk about shady.

By: Patricia1

Patricia1 — Wed, 02 Jul 2008 14:49:23 +0000

@Dimes – I couldn’t believe it – but then again I guess I can believe just about anything lately.

By: dimes

dimes — Wed, 02 Jul 2008 14:44:54 +0000

This is just part of the story.

Go to auctionbytes and read the article about what happens to fake merchandise that gets returned to paypal.

By: Patricia1

Patricia1 — Wed, 02 Jul 2008 02:51:40 +0000

I know when I create a painting I don’t want to see it reproduced and sold cheaply on Ebay. On don’t want someone else profiting on my creation. I whole-heartedly agree with these manufacturers. Ebay took the fees and FVF’s for fraudulent goods. In my mind taking a percentage of the sale price “partnered” them with the fraudulent seller. I feel its right that they have to make restitution.

By: Audrey

Audrey — Wed, 02 Jul 2008 02:05:20 +0000

Sandi,
I completely agreed with you. Ebay has done a lousy job of policing their sites of fake merchandise. Great Example: Teacher edition of books, manuals, keys, quizzes, etc. aren’t suppose to be sold on ebay, but I promise you that you can go online now and pull up thousands that are in violation. I too have reported and let items set in my watch folder just to see if they would take it off. They did nothing. Sorry, but I don’t feel sorry for ebay. I won’t be shocked if this doesn’t get printed. Just don’t think much of ebay anymore.

By: Amber

Amber — Tue, 01 Jul 2008 23:57:24 +0000

and for selling genuine products outside their desired retail channel.

That right there shows it isn’t just about counterfeits. I have zero problems with eBay getting slapped hard for their negligence. They deserve it–in karma points if nothing else.

But I don’t think the ruling stayed within the bounds of counterfeits.

This is from CNN Money:

The court also ruled that eBay was responsible for the “illicit sale” of perfumes from the LVMH empire, which can be sold only through the brands’ “selective distribution networks.”

Again, it’s about a manufacturer trying to control ALL market aspects of its products–including secondary and tertiary markets. Which is ILLEGAL. I understand the counterfeit issue. I agree completely that eBay failed to do enough. BUT, LVMH isn’t just after the fakes. It’s after the genuine items that are being legally resold. That’s wrong.

They won this one: you can bet they’ll go after the small fry next. And I, too, question the % of fake vs. genuine items on the site. It sounds a little too much like eBay math to me. Pick a number then find the “facts” to support it.

I don’t blame the company for wanting to distance itself from a site buried in fraud. But I do blame them for also going after the honest sellers who are selling genuine items. It’s a bully mentality, and quite frankly, I’ve seen enough of that from eBay itself lately.