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  1. #1
    \(^.^)/ Jennifer's Avatar
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    Default eBay loses another suit over Louis Vuitton brand

    The news --- eBay loses to Louis Vuitton...

    Here are a couple articles:
    NEW YORK — EBay Inc. will pay about $316,500 to Louis Vuitton Malletier for legal costs and damages and stop using Internet search terms the luxury goods maker protested, following a ruling Thursday by the Paris District Court.

    The online auction site was found liable for harming the reputation of Louis Vuitton trademarks, the company name and domain name — all held by LVMH Moet Hennessy Louis Vuitton. EBay spokeswoman Alina Piacentino said the company will appeal the decision.

    Ebay had been buying keywords such as "Viton," "Vitton" and "Wuiton" so that online shoppers using these misspellings into a search engine, along with anyone using the brand's correct spelling, would be directed to links promoting eBay, a Louis Vuitton spokeswoman said.

    The court, which called eBay's actions "parasitic," ordered the company to stop using the keywords. The court said the practice harmed Louis Vuitton's brand.

    The online auction house must pay Louis Vuitton 200,000 euros, or $275,200, in damages plus 30,000 euros, or $41,300, in legal costs. In a prepared statement, eBay said it was disappointed but noted Louis Vuitton was awarded less than the 1.2 million euros, or $1.7 million, it sought.

    In the case of any future violations, eBay must pay Louis Vuitton a 1,000-euro, or about $1,400, according to an LVMH spokeswoman.

    EBay also said the ruling "flies in the face" of a legal victory against Ralph Lauren in an appeal of a similar case in Belgium.


    Shares of eBay rose 17 cents to $22.13 in afternoon trading.
    -The Associated Press

    A French court has ordered Ebay Inc.to pay more than $275,000 in damages for using search engine words close to Louis Vuitton to steer users to the auction site

    Ebay will pay Louis Vuitton, owned by LVMH, the fine plus
    court costs of about $40,000.
    Louis Vuitton, which originally brought the suit in December 2006, said Ebay had harmed its reputation, while Ebay countered that the search terms brought users to a place where they could buy genuine Vuitton items.

    "This issue is being used by certain rights owners as an excuse to retain total control of what people can buy, where they can buy it from and how much they have to pay," Ebay said in a statement.

    Louis Vuitton had been seeking more than $800,000 in damages.

    "The Tribunal said that with these key words, Ebay was doing advertising for its website by using the brand name Louis Vuitton and by doing so, was misleading Internet users," Patrice de Cande, Louis Vuitton lawyer, told Reuters.
    [/COLOR]
    - foxbusiness.com

    eBay has lost another lawsuit filed against it by luxury goods maker Louis Vuitton Malletier.
    The Paris District Court ruled Thursday that eBay was liable for harming the reputation of LVM's trademarks, company name, and domain name. LVM had sued eBay claiming that the site was using keywords that hurt the Louis Vuitton brand.

    The Paris court has ordered eBay to pay damages of 200,000 euros ($273,176) and to cover LVM's legal fees to the tune of 30,000 euros. eBay will also be fined 1,000 euros for each future violation.

    "Louis Vuitton welcomes this decision, which confirms established case law that aims to protect the consumer from the illicit use of company trademarks," said Nathalie Moull?-Berteaux, global intellectual property director of Louis Vuitton, in a statement.

    In eBay's response to the decision, Yohan Ruso, director general of eBay in France, said in a statement, "This case is about the use of Adwords to direct buyers' listings for authentic goods from eBay sellers. This issue is being used by certain Rights Owners as an excuse to retain total control of what people can buy, where they can buy it from, and how much they have to pay. This is why 750,000 Europeans signed a petition to the European Parliament last year, protesting barriers to Internet trade."

    Ruso added, "Though disappointed by the decision given today by the Paris Court in the case opposing eBay to Louis Vuitton Malletier, we are satisfied that the court recognized most of eBay's submission and rebuked Louis Vuitton Malletier request for 1.2 million euros in damages, instead awarding 200,000 euros. However, the decision flies in the face of the legal victory by eBay on appeal in Belgium (February 11, 2009) in a similar action opposing eBay to Ralph Lauren. We await with anticipation for the European Court of Justice to rule on March 23rd 2010 on Adwords related issues in the three Google cases referred to it.

    This suit was just the latest in a series of legal battles between eBay and LVM. In June 2008, the Commercial Court of Paris fined eBay for failing to stop the sale of counterfeit handbags and other products claiming to be made by LVM. The auction site promised to do more to crack down on fake goods. But in November 2009, the same court again fined eBay, ruling that the company had failed to live up to its promise.
    -news.cnet.com

  2. #2
    Vintage Lover lilstrlett's Avatar
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    Default Re: eBay loses another suit over Louis Vuitton brand

    I'm not sure how I feel about this. I understand where LVM is mad that someone else was buying domain names and making keyword searches point in their direction. However, I feel like maybe LVM should have done it themselves - gotten the domain names, keywords, etc. If they did that in the first place, they wouldn't have this problem. I feel like they're just mad that someone else is being thought of when the name Louis Vuitton comes up for shopping. I'm not saying what eBay did was "right" but I think it was still smart of them because it's getting them more business.

    Off topic sort of, but...
    You know what's weird, is that when you go onto eBay and type in Louis, the auto fill doesn't show Louis Vuitton.
    Mrs. Lawson
    7-16-11

  3. #3
    bag fan TexLatina's Avatar
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    Default Re: eBay loses another suit over Louis Vuitton brand

    I asked one of the attorney's where i work about this and he says its all about the trademark and how the name itself is part of the company's core assets. Basically its like "Xerox" or "Kleenex"...you associate the brand name with a certain item. Using the name of the item, or a variation, to re-direct them to a site which may or may not have actual legitimate bags hurts the Vuitton name and a customer may confuse the website as an "official Vuitton" website.

  4. #4
    Bag Fan Newbie
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    Default Re: eBay loses another suit over Louis Vuitton brand

    I understand why Louis Vuitton would be upset. Also, although many LV items on Ebay are original, the site is rampant with fakes. As I look around on Ebay, I see many items that are completely laughable. I bought a bunch of LV wallets on Ebay and when one arrived, the quality was so bad and there was even Chinese written on a sticker on the side of the fake box. Ebay made me pay an authenticater to show proof it was a fake before I could get my money back. Riduculous! I learned my lesson!

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