Comments on: Another Case Dismissed: Belgians first to rule on L’Oreal’s claims against eBay

By: Donella Johnson

Donella Johnson — Thu, 04 Sep 2008 22:50:44 +0000

Does anyone know of an available English Translation of the Belgian court’s decision?

By: Jay

Jay — Fri, 15 Aug 2008 15:30:33 +0000

Also, like I mentioned in the Tiffany thread – this isn’t about counterfeits. L’Oreal, Tiffany, Coach, and all the big brand names demand eBay’s Trust and Safety department to remove items that ARE legitimate.

I also think if a company is worried about counterfeits of their goods, they need to come up with a better way (like a bar code validation system).

Why is it $5 gift cards from the local coffee shop can stop theft and counterfeits of their cards, but a few pennies of that $800 per handbag can’t go towards something like that from these people.

By: Jay

Jay — Fri, 15 Aug 2008 15:26:24 +0000

My apologies for even giving the hint that my motives were to gang up on you.

Seriously, I just read what Hal wrote and went “I concur” without any intent to harass or belittle you.

When eBay loses a court case, they appeal. When they win, their opponents appeal. It’s the system :)

By: Henrietta

Henrietta — Fri, 15 Aug 2008 06:54:09 +0000

You are absolutely correct Dakota.

By: CARL D MAN

CARL D MAN — Fri, 15 Aug 2008 06:33:10 +0000

Nobody jumped all over you, the only echoed the obvious. Of course there will be appeals. I’m just glad these courts are being sensible in seeing that eBay can’t stop and block all counterfeits. At least the efforts against counterfeits on eBay are being recognized instead of just having eBay throw out money left and right for what is really the copyright holder’s responsibility.

If these companies want the counterfeits to stop making their way to the internet then they should go after the individual sellers to make a public example of them. I’d say go after the actual counterfeiters BUT these items come from China, Thailand, and so forth were international copyright law is simply not recognized. This being the case, the counterfeiters will not be prosecuted for anything. However, scare the resellers and their respective market into not selling the items then the counterfeiting will drop as people will not want to buy in order to resell. Holding the company itself responsbile is simply a ridiculous act in my opinion. They’re going after the fattest wallet and nothing more. Those sellers know they’re purchasing fakes, they’re well aware of it, hold THEM responsible. Sue the people that deserve the wrath. Until they do, counterfeits will have a market as there is no actual consequence for the action.

By: Dakota

Dakota — Fri, 15 Aug 2008 02:32:04 +0000

What I find imortant here does not require a wolf pack mentality. Please don’t gang up on me.

What is funny about this report and with your responses is –

When a report is written about eBay losing a court case, it is always noted that they plan to appeal. In fact, they sometimes write a whole new report about a planned appeal.

You two act as though all who read that report will know that an appeal is planned. Not everyone who reads it is so all-knowing.

An important part of the report was left out and I simply pointed it out.

There was no reason to jump on me.

By: Jay

Jay — Thu, 14 Aug 2008 14:30:48 +0000

I have to concur with Hal on this. All companies that lose the initial case always appeal.

If they didn’t, the attorneys wouldn’t be doing their jobs.

By: HAL

HAL — Thu, 14 Aug 2008 05:57:19 +0000

Of course L’oreal is going to appeal. That’s standard operating procedure. If you can’t beat ‘em, tie ‘em up in court. L’oreal’s lawyers probably have their jobs on the line with this one so they’re going to do what they can to salvage this. So would eBay’s lawyers if the ruling had gone against them, or if the appeal overturns the current ruling.

By: Dakota

Dakota — Wed, 13 Aug 2008 03:53:44 +0000

It’s not over until the fat lady sings.

You forgot an important sentence in the report on this. While it may be the last sentence, it is important all the same:

“L’Oreal said in a statement it would appeal against the decision.”