Court Rules for Hermes In EBay Counterfeit Suit

[Jennifer]

Court Rules for Hermes In EBay Counterfeit Suit

PARIS — Hermès International scored a court victory Wednesday against eBay for selling counterfeit luxury goods.

Quoting a judgment from France's Tribunal de Grande Instance in Troyes, Hermès said eBay, plus the individual seller, had "committed acts of counterfeit" and "prejudice" against it by failing to monitor the authenticity of goods being sold on its Web site.

In a verdict billed as a first in France, it is understood eBay was ordered to pay 20,000 euros, or $31,058 at current exchange, in damages, though Hermès declined to confirm the amount.

The vendor, referred to as Madame C. F., eBay France and eBay International are the entities named in the case.

In a statement, Hermès said the win marks "an important step in the fight against counterfeiting."

EBay said it takes counterfeiting seriously and since the Hermès case was brought has put new procedures in place to fight it by more closely scrutinizing sellers.

Europe's luxury players are becoming increasingly vigilant in the fight against fakes.

As reported, Christian Dior was awarded 150,000 euros, or around $230,000, in damages last April when it won a case against the French budget jewelry chain Camille & Lucie for peddling a style resembling the floral Diorette ring.

Since the introduction of new laws in October, a legal framework exists in France against copyright and trademark infringements.

wwd

[Caitlin_]

That's awesome and ground-breaking, but I really don't know how you can blame eBay in this case. I guess they're easier to go after than an individual seller, but still.

I think I'd be more concerned with something like iOffer which is all fakes - and seemingly, proud of it, over eBay. Unless they're hoping to make a point, and iOffer isn't really on that many people's radar the way eBay is.

[andee]

I truly hope that all fakes on ebay are banned in an effective way. It would be a good busiiness stategy. I don't know how they can police the whole site. Perhaps fines will inspire more rigid oversight.

[MKors]

It will hopefully result in a step in the right direction

[lilstrlett]

"EBay said it takes counterfeiting seriously"

That is such bull. Every time I report a replica on eBay (even if I do it multiple times), the item still gets auctioned off and the person buying the item gets screwed out of a lot of money, and eBay never does anything about it.

[angieadms]

WOW!! I'd say this won't stop ebay, unfortunately! I think they probably think they can make more money by allowing sellers to sell all that fake crap. You know what ticks me off about handbags, Here I save and save to get a really nice bag; and walk in the store, and there's this nasty looking gal carrying the same bag.....and I'm looking at it thinking.....this bag costs more than the vehicle this gal's driving....so you don't even question that the bags fake. I think because there's so many replicas out there, it's cheapened those of us who do carry the authentic bag because everyone just assumes it's fake whether it is or not....do any of you feel the same way or am I being harsh?

[andee]

If they want to sell fakes then they need to clearly state that it is a fake. lots of people like to buy fakes.
Personnaly it makes me crazy.

[Maeveyblue]

This is totally bogus. The fact is, Ebay pulls auctions on people that are selling legit bags and even have receipts. I know this first hand! I just hate Ebay all the way around.

[angieadms]

Maeveyblue, so do i!! I wouldn't sell anything on ebay if it was the last place on earth! I too had an authentic speedy about a year ago and tried to list it. I even had the receipt and someone reported it fake. Now since when can some little gal off the street who isn't working...just hanging out on ebay all day report my bag as a fake and ebay just takes her word for it. I often even thought that other sellers did this to get rid of their competition!! I'll not sell on ebay again!!

[Maeveyblue]

Originally Posted by angieadms

Maeveyblue, so do i!! I wouldn't sell anything on ebay if it was the last place on earth! I too had an authentic speedy about a year ago and tried to list it. I even had the receipt and someone reported it fake. Now since when can some little gal off the street who isn't working...just hanging out on ebay all day report my bag as a fake and ebay just takes her word for it. I often even thought that other sellers did this to get rid of their competition!! I'll not sell on ebay again!!

There are girls over on the TPF that spend all day reporting bags. For the most part, I love the idea of fake bag sellers being booted. But it angers me to no end to be booted without provocation. And then they scam you by having you send the bag to My Poupette.com - Designer Authentications to have it authenticated. Whatever. And the kicker about that is that several of the approved poupette sellers sell fakes. In fact, one of the larger Hermes sellers sells only fakes and touts them as authentic. But because she has an in with mypoupette, she is safe from any booting.
Ebay sucks.

[CurlsGalore]

there should be an automatic ruling that if someone claims something is authentic and you buy it, when its discovered to be fake you should automatically get your money back and they should pay the return shipping. i cannot believe more is not being done to prevent fake sales on ebay. i spent $50 on the AH bag back last March. it ended up being fake, i had to file with paypal and all that, then i mailed it to the paypal address on file for the seller and it got refused. i got the fake bag back and was out the $24 in shipping i spent to send it back!

[vintageplumm]

Hi

Im Morgan, From Yakima Washington. Im a total Newbie to the site, Ill introduce myself properly after this he he he Promise

I just thought Id barge inand put my 2 cents in

I used to do Ebay for a living and I also have what I like to call around the house a
"great appreciateion for good craftsmenship and superior creative ability"
SO I personally own like 2 dozen Coach bags all authentic of course, 2 Gucci's and I am forever drooling over Hermes but ahhh that may very well land me in divorce court
j/k kidding

Well I thought Id just again throw in my knowledge of Ebay, Im not a total expert but a few of their policies I have had to deal with personally, a few times with fake handbags, and not fake
I refuse to sell bags on Ebay anymore period, nor will I buy them there, not beacuse Im concerned about getting a fake (which of course I am) , but becuse yes anyone can report you to Ebay and call it a fake and they will auto shut you down, you might get the opportunity to relist it eventually after they took their sweet time to relist it, but generally your out the fees unless they feel like being kind. Also yes other sellers will sit around all day and report their competetion , they lack the ability to compete with you honestly so they must take other routes. Reminds me of the school yard bully when I was a kid, in hind sight I should have pittied her severely a broken home, no money, drunk mom...so she was insecure, had to make us all feel worse to better negotiate her own truma. I sappose i should pitty these sellers who do such a thing to others, but Im not that grown up yet
Also as fr as Ebay getting named in the suit for fakes being sold on their site, now Im not a lawyer so this is just my own thoughts/conclusions with this one..
Ebay provides a place to buy and sell merchandise on the internet, thus making claims via advertising, marketing and such about how you can buy sell or trade on their site in a fast, easy and efficent manner. They also with their now sister company PayPal make claims thru the same venues that after you utilize the service/product that is Ebay you can then go and pay for it with PP . Something they also like to assure customers is that not only is Ebay fast, easy, and in all ways superior they also like to call it the safest place in the world to conduct your busnuiess. When someone goes on Ebay and sells a fake bag that Ebay knows is a fake they too are a party to the criminal action beacuse they assisted by creating a venue for the individual to sell said fake in the first place. The law however takes it a step further and indicates that if you are to offer such a service you also are responsible for it's contents, actions and consequences to others. So basically their are legally obligated to monitor their auctions in a reasonable manner. Hermes is just making them do it. If bag designers and such really want fakes stopped then the big fish such as Ebay are going to be the "enforcer" of the long arm of the law KWIM? 1 seller at a time while I htink ought to be done , is just too time consumign to prosecute, but if Big 'Ole Ebay got a spanking why they have the ability not to punish, but to make it stop or atleast slow it waaay down, which is I am assuming the manufacturers are after in the first place.


Sooo
Im a talker, can you tell ? Ive been lurking here for a while frequently when I needed some expert opions on authenticity, your forums always have a thread about what Im looking for , lots of knowledgeable people here!, you all seem like a great bunch of gals and guys :)
Absoloutely beautiful collections I saw in the other thread WOW! Im in love with a couple of those priscilla's...I might half to step outside the box a bit and venture for something new , I looove Coach for its functionality, simplicity and down right superior Quality IMO, but you ladies and your collections have my eyes wondering lol

Well nice to meet you in the wrong forum oops !

hope my 2 cents was helpful , atleast not offensive :)
Morgan
Work at home Mom of 2 by day
agressively pursuing all things hip and stylie by night


Yakima Washington