Comments on: UPDATED: eBay Wins Tiffany Court Case

By: Uncle Joe Adamson

Uncle Joe Adamson — Wed, 16 Jul 2008 18:58:58 +0000

This is one that the court got right. Now if we can just get the French courts to realize their country’s products aren’t the center of the universe, and that they don’t have the authority to enjoin the entire internet…

By: Patricia1

Patricia1 — Wed, 16 Jul 2008 18:35:26 +0000

Tiffany deserved to protect its products just as much as any other company that manufactures goods to sell… I do not agree with the ruling. To expect a company to “patrol” every outlet where fakes can be sold is just plain wrong! Even us lowly artists are well aware of fakes and we are also well aware that ebay does not respond to every complaint we send them. Our works have been copied and even outright printed on canvas -with the artist’s name still in place! – and sold as originals. These are facts and I feel, Ebay needs to be more responsive to fakes on the site.

By: dimes

dimes — Wed, 16 Jul 2008 12:14:00 +0000

Don’t forget stolen goods, as addressed by newly-filed legislation. According to the blurb on the National Retail Federation site:

H.R. 6491, the Organized Retail Crime Act of 2008 was introduced today by Representative Brad Ellsworth, D-Ind., with Representative Jim Jordan, R-Ohio, as the lead co-sponsor. The bill would define organized retail crime as “the acquiring of retail merchandise by illegal means for the purpose of reselling the items” and make such activity – including transportation, sale or receipt of stolen retail goods, – a federal crime.

{snip}

The bill would also establish that operation of on-line marketplaces such as auction sites can be considered “facilitation” of organized retail crime unless the operator can show that specific steps had been taken to ensure that goods being sold were not obtained by theft or fraud. Site operators would be required to “expeditiously” investigate complaints that stolen items are being sold, maintain records of the names and physical addresses of high-volume sellers, and require high-volume sellers to either post that information along with merchandise offerings or make it available upon request to any business with a reasonable suspicion about the merchandise.

Operators of on-line marketplaces could also be sued by any business whose stolen goods were sold. Retailers lose between $15 and $30 billion to organized retail crime each year, according to the FBI and retail loss prevention experts. The figure compares to the $18 billion for robbery, larceny, burglary and auto theft combined reported by the FBI Uniform Crime Report.

By: bonni

bonni — Wed, 16 Jul 2008 06:50:39 +0000

So now eBay’s reputation as an international flea market and a place where fakes and frauds can be bought and sold is pretty much legally established?

By: John

John — Tue, 15 Jul 2008 14:42:21 +0000

Tiffany sells fakes. Tiffany like so many companies makes products in China. That factory and it’s sister companies flood the market with identical product. If Tiffany wants anybody to feel sorry for it

1) Make the products yourselves – Make it real
2) Serial number them

I travel in China all the time. More than 35 Swiss Watch models and FAMOUS pens models are made in factories there, shipped to europe for boxes and then sold as REAL. Hmm… fishy if you ask me.

Who is fooling who?

By: Jason

Jason — Tue, 15 Jul 2008 13:52:52 +0000

One would think if a company cares so much about legitimacy, they would install a serial number system for their products, not unlike sports memorabilia to determine their authentic nature.

Plug in the code on their site, and boom – you know if it’s counterfeit.

But, that’d require cooperation, and since companies like Tiffany are pointing the blame and doing no work themselves, I doubt that will happen.

By: ocdgirl2000

ocdgirl2000 — Tue, 15 Jul 2008 13:25:04 +0000

In addition, the other online auction/sales sites that are ALSO flooded with Tiffany fakes will be having a “free for all” in the USA markets as well! It will be hard on everyone (mostly the serious buyers), in the long run, since it will take a good deal of time to make the differentiation between the reals and the fakes, in ALL online sites.

Too bad the importers are not banned from bringing their stuff into this country. Someone needs to check the containers coming through all the ports.

By: dimes

dimes — Tue, 15 Jul 2008 13:00:08 +0000

I think it’s eBay that will be needing more VERO staff – once Tiffany starts flooding eBay with takedown notices, eBay will need to comply immediately or risk Tiffany filing suit that eBay is unresponsive.

By: vzaar Jamie

vzaar Jamie — Tue, 15 Jul 2008 08:16:58 +0000

Congratulations eBay and great news for both the consumer who wants choice and value and for sellers who want to expand their opportunities across multiple channels.

Fascinated to see how the ripples of this victory play out in other eBay marketplaces.

By: Patricia1

Patricia1 — Tue, 15 Jul 2008 04:18:15 +0000

Maybe they could form a “community watch” like they did on ebay and get it done for free ;-)