Tiffany to appeal eBay fakes ruling

August 11, 2008

Tiffany have said that they have filed an appeal against the ruling that eBay are not responsible for counterfeit merchandise sold via the site. The judgement made in a US court last month said that eBay had taken reasonable steps to stop the sale of fake jewellery, and that the primary responsibility for policing Tiffany’s trademarks lay with Tiffany themselves. The jeweller’s lawyer James B. Swire stated, “we do not believe the law allows auction sites like eBay to continue to turn a blind eye to this problem while reaping profits from the listing and sale of counterfeit merchandise. Trademark law does not impose a duty on Tiffany to police eBay’s site: eBay designed the site and has the responsibility to police it.”

Written by Sue Bailey · Filed Under News | Comments Off 

eBay and designers hold talks over counterfeits

July 20, 2008

The Telegraph reports that eBay are holding talks with representatives of some of the UK’s biggest luxury brands next week, in an attempt to find a way to cut down on sales of fake merchandise via the site.

The Walpole Group comprises some of Britain’s best known brands, from designers Jimmy Choo and Thomas Pink, to Wedgwood, Sotheby’s and Christie’s. Discussions are expected to focus on who bears the responsibility for tracking down fakes sold via the internet: a French court recently fined eBay for not doing enough to stop the sales of counterfeit and unauthorised merchandise, whereas an American court absolved eBay from responsiblity for sales of fake Tiffany jewellery.

Frederick Mostert, chair of the Walpole IP and Brand Protection Working Group, said that the way forward lies in the two sides working together. “The answer lies in constructive co-operation. Brand owners and auction sites need to work together and share the responsibility to stop fakes to avoid a restraint on the progress of society. The answer for assessing responsibility lies in the middle - both sides should in equal measure diligently confront the online counterfeit problem together.”

Written by Sue Bailey · Filed Under News | 4 Comments 

eBay win Tiffany court case

July 14, 2008

Breakfast at Tiffany's
Creative Commons License photo credit: Koichi Suzuki

eBay have scored a victory in their Internet trademark lawsuit bought by Tiffany.

The judge has ruled that Tiffany were unable to prove that eBay were responsible for fake jewellery appearing on the site.

Whilst Tiffany asserted that eBay turned a blind eye to counterfeit goods, eBay defended the case pointing out that Tiffany declined to participate in its VeRO program designed to assist rights owners in taking down fakes and items which infringe their copyright.

The judge has deemed eBay to have acted reasonably with steps in place to protect rights owners from counterfeiters. The ruling also emphasises that the primary responsibility for protecting brands and trademarks is the manufacturers responsibility.

eBay said of the ruling: “While today’s decision is a victory for consumer choice, it is a shame that so much effort has been wasted when Tiffany could have worked with eBay to more effectively fight counterfeits.”

Coming so soon after last weeks restrictive ruling by the French courts this is good news for the eBay legal team, and great news for the sellers of authentic items.

Updated to add: eBay have issued a further statement expanding on their delight at winning the Tiffany court case.

Rob Chesnut, senior vice president and legal counsel at eBay explained that eBay has always been committed to eradicating counterfeits which are prohibited on eBay adding “We are extremely pleased that this ruling supports consumers by allowing them greater choice and value through the global marketplace that eBay provides. This decision validates that eBay has always been committed to fighting counterfeits in a way that goes beyond what the law requires. We see this as an important victory for our global community of buyers and sellers.”

He went on to explain that eBay have pioneered the fight against counterfeits with the VeRO program which 18,000 rights holders use to help eBay remove fakes from the site.

Rob finishes the statement saying the court ruling is inline with established precedent holding the obligation to enforce trademarks with the rights owner but saying eBay will continue to aggressively protect their marketplace.

Written by Chris Dawson · Filed Under Featured, News | 10 Comments