Tiffany appeals in counterfeit case
August 15, 2008
Tiffany, the jeweller has started an appeal against April’s court ruling that eBay was not responsible for removing fake goods from its website. Tiffany sued eBay in 2004 when it found that 73% of Tiffany goods on eBay were counterfeits, however a US court ruled that the responsibility for protecting brand identities lies with the brand owner and not eBay.
eBay does however remove any counterfeit auctions that are reported to it, however Tiffany believes that eBay should also investigate all auctions without having to have them reported. If this ruling had passed then it would be very likely that eBay fees would have risen as eBay would have had to employ people to check all auctions (which would be very costly).
Recently eBay has lost two similar trademark infringement cases. A French court ruled in June that eBay should pay £31m to LVMH owner of Louis Vuitton, Moet & Chandon, Christian Dior and Cognac for allowing auctions of counterfeit goods.
In the second case eBay was fined just under £16,000 by a French court when it found the auction giant accountable for the sale of counterfeit Hermes bags on its website.
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