L’Oréal tells French court eBay ‘negligent’ on fakes

December 11, 2008

A lawyer for cosmetics firm L’Oréal has told a French court that the company is ‘negligent’ in fighting the sale of branded goods on the site. L’Oréal claim that up to 60% of perfumes sold using its brand names on eBay are fakes, and asked the court to appoint an expert to assess the actual value of lost sales as part of their claim against eBay.

In August, a Belgian court dismissed a similar case, saying that policing merchandise was not eBay’s responsibility. Cases brought in the UK, Germany and Spain have yet to be decided.

Written by Sue Bailey · Filed Under News | 3 Comments 

eBay’s perfume ban confirmed

July 11, 2008

Slanted macro
Creative Commons License photo credit: atomicpuppy68

eBay’s appeal to stay an injunction banning the sale of ‘grey-market’ perfumes in France has failed. A French court has upheld a judgement from last month, that Kenzo, Guerlain, Christian Dior, and Givenchy brands may not be listed on eBay by unauthorised dealers, even if the item being offered is genuine: lawyers for both sides have said that this will even apply to individuals re-selling items they have received as gifts. The ban applies not only on eBay France, but on any site worldwide which is accessible from France.

The injunction takes place immediately, and failure to enforce it will be punished by daily fines of €50,000. A spokesperson for LVMH, who market all four brands, has previously said that “LVMH Group do not intend to hold off enforcing the injunction.”

Statement from eBay France

eBay France have now issued a statement, informing French users that they

will no longer be able to buy and sell the perfumes and cosmetics of the brands cited above, not only on eBay France but on the other eBay national sites, until further notice.

Written by Sue Bailey · Filed Under Featured, News | 14 Comments