Lawsuit Against E-Bay

[Brian Vuillemenot]

Looks like the 'Bay has been convicted as an accomplice in the sale of counterfeit goods:

http://news.yahoo.com/s/afp/20080604...acytrialusebay

I wonder if they will start to crack down on all the camera gear and other scams going on regularly at the site?

[Brian Ellis]

I'm not a big fan of ebay but I don't understand how they're supposed to know that a Hermes bag someone lists is counterfeit.

[Colin Graham]

Yeah, with precedents like this, i can see ebay and most internet commerce getting litigated right out of existence. There's is no substitute for a little caveat emptor.

Though I guess if I dropped 1600 bucks on a fake handbag, I'd be a bit miffed myself!

[BrianShaw]

I don't know if French courts have an appeal process or not, but I doubt that this finding will stand.

[Bill_1856]

French Courts somehow always seem to find against common sense. They have a lot in common with our (current) US Supreme Court.

[Jorge Gasteazoro]

French Courts somehow always seem to find against common sense. They have a lot in common with our (current) US Supreme Court.

So you don't know if they have an appeal system but had to "honor" us with your opinion, huh?.... Typical of your posts.....

[Emmanuel BIGLER]

I do not want to comment the present ruling by a French court, but there is a difference between the US laws and French (and Swiss, and European, probably) laws regarding counterfeited items.

I have read in a very serious Swiss horology magazine that watches that look like perfect copy of a famous Swiss model can enter the territory of the US if there is something written at the back like "made in China, Japanese movement".
My understanding is that the US regulations accept that this item enters the US since it is clear that this is not an original but a well-made copy.

The subtle question regards counterfeited design.
We have many examples of counterfeited design of photographic products discussed here very frequently again, no comment.

Counterfeited technical products covered by US patents, of course, cannot enter the US, or if they do, an immediate lawsuit in patent infringement will start.
Everybody knows the regulations about trademarks owned by a US company, again no comment.

However, for counterfeited design, European laws are much more restrictive than the US laws. At least as far as I have read in the Swiss horology magazine.
France and Swiss export a lot a luxury goods, no surprise if our regulations are more restrictive regarding counterfeited design ; what could you patent technically on a classical hand bag ? or on a classical watch design almost unchanged for 3 decades ?
The life time of a tchnical patent is about 20 years.
However registered trade marks as far as I know are permanent.
Registrered designs according to the European law have a limited extension in time like technical patents.
There has been a case between two European cell-phone manufacturers regarding a counterfeited design of the phone itself, nothing about what is inside technically.
On the other hand the US law recognizes software patents ; whereas to date European laws do not. There has been an intense debate at the Brussels parliament, but to the best of my knowledge, no software patents in Europe for now.
Luxury design against software patents : all the ingredients for a solid transatlantic controversy

[onnect17]

As long eBay (Microsoft, etc.) keep an active website with the .fr domain and sell any product in any country in the EU they deserve whatever fines and penalties they get.

Armando

[Dan Fromm]

But Armando, eBay doesn't sell anything but access to prospects. In this respect, it is quite unlike, say, Amazon, which sells on its own account. eBay is more like, um, Google with hosting added.

[Emmanuel BIGLER]

eBay is more like, um, Google with hosting added.
Yes, Dan, but French laws against counterfeited items are extremely severe and do not limit to those who fabricate counterfeited merchandise or make a business importing them illegally. So I am not surprised if ebay.fr can be charged according to this law.
As a simple tourist, if you enter France with counterfeited items bought for your personal use, you infringe the law and are exposed to heavy fines. To the best of my knowledge, US regulations do not really prevent anybody to bring-in a counterfeited Swiss watch. Or a counterfeited luxury had bag.
Of course as long as the item does not bear a brand name which owners are registered in the US as a US company.
But may be I'm wrong and would appreciate comments by specialists of US regulations.