French court fines eBay €40m over counterfeits

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  • surprising judgment?

    not really... given that apparently Ebay were well aware of the issue, allowed access to electronic tools which made trading easier, acknowledged that the number of items made it clear that there were counterfeit items on the site and also (allegedly) did not always act on notifications of counterfeits.

    There must come a point when the "added value" prevents you being a mere conduit, and what I suspect may not have been made entirely clear is that Ebay have ways of preventing listings which they can (or certainly could) engage if they find certain commonalities in the way counterfeits are listed.

    Obviously it was quite a lot of money, but of course some of that was punitive in nature.

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  • Impartial judges

    The statement to the effect that "doubts have been raised over the impartiality of the tribunal, which is staffed by amateur judges taken from the business world" is incredibly unprofessional. One might as well say the same thing about international arbitrators, employment tribunals or any other justiceable decision-making body not staffed by professional magistrates.

    I did not see eBay France raising an argument that the Paris Commercial Court lacked jurisdiction due to its impartiality. eBay has chosen to do business in a jurisdiction in which the initial level jurisdiction which hears disputes of a commercial nature is staffed by elected members of the business community. It knew full well what it was doing.

    Appeal will be to the Paris Court of Appeals and, unlike the case in other jurisdictions, this will, in accordance with the French rules on "double degree of jurisdiction", be a full rehearing including on the facts, not only on the law.

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  • eBay needs to wake up & act accordingly

    This is all well & good but eBay always act like God to their users & due to this ruling all you will see on eBay now are cheap pound shop items. For instance i sold some 100% authentic nike trainers i bought from JJB which i still had the receipt for & got a warning for counterfeit item & the listing cancelled.

    Even though i could produce the receipt ebay said tough "we decided we didnt like the look of them" - absoluteley no help at all. & if they decide to suspend your account they expect payment in full for all the listings to date even though they have no intention of providing the service they have charged for "I'm sure this is illegal" to boot they absolutly refuse you access to your bill & will not provide you with a list of what they demand payment for. They make enough money to police things properly. They could easily combat it by a seller having to produce evidence & fax it in that the item that is being listed is authentic & then they have to agree before the listing appears on the site for sale. Simply a receipt or the documentation that goes with the handbag or whatever you are selling. If you're a company selling new stuff you will have your dealership or your suppliers dealership details. should not be a big problem.

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