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eBay fined over counterfeit goods

Discussion in 'The Pub' started by vic, Jun 6, 2008.

  1. You know, whenever I hear of news like this, I almost climax :grin:
    eBay should be sued out of existence for forcing all users onto PayPal.

    Story from the age newspaper

    eBay fined over counterfeit goods
    June 5, 2008 - 6:08AM

    Online auction giant eBay has been convicted of selling counterfeit goods and ordered to pay 20,000 euro ($32,497) in damages to French luxury group Hermes, Hermes' lawyer said.

    The ruling, which marks a first in France, found eBay directly responsible for the sale on its website of three Hermes bags including two fakes, for a total of 3000 euro.

    "We are satisfied that they should be considered counterfeiters", said lawyer Emmanuel Colomes, who had been seeking 30,000 euro in damages for complicity in the sale of counterfeit goods.

    At the trial in April, Hermes' lawyer argued that eBay was more than a mere host for the counterfeit items.

    "eBay is an active player in the transaction because not only does it offer a number of services to improve the sale, but when it does not work well enough or fast enough, they intervene with the client," Colomes argued.

    "They are perfectly informed of the transactions since they take a percentage cut."

    Luxury fashion houses Louis Vuitton and Dior Couture have also taken legal action against eBay before the Paris commercial court, respectively seeking 20 million euro and 17 million euro in damages.

    Both brands accuse eBay of complicity in the sale of counterfeit goods by allowing buyers and sellers to transact without imposing any controls.

    Also in France, the auction industry took legal action against the online giant last December, accusing it of encouraging trade in pirated and stolen goods.

    And in a potentially major case, the cosmetics giant L'Oreal last September launched legal action against eBay in five European countries including France, over the sale of bottles of counterfeit perfume.
  2. Wicked.
    I don't think they'll sue ebay out of business, but it's better for
    everyone (except fakers) if they make ebay take more measures
    against counterfeiters so that fair sellers of bargain price
    genuine items can earn a living, and buyers don't get ripped off.

  3. is the problem that they were badged as legit items or copies of legit items but badged as other brand??

    story didnt say
  4. I'm glad of this.

    I bought Love Hina on DVD from the USA, only to realise when it arrived that it was a counterfeit Asian copy. The frame rate was choppy, as 6-discs were crammed on to 3, cover art was ordinary and I wasn't happy about it at all. In short, they were crappy imitations and entirely unacceptable.

    I wrote to him to explain that it was a counterfeit and that I wanted my money back.

    He insisted that it was an "import" (didn't mention where) and to return them if I would like a refund on the cost (minus the $23.99 delivery).

    I countered and told him that according to customs, it was illegal to send counterfeit goods overseas, and instead I'd destroy them.

    I've had previous crap experience with PayPal refunds, so I decided to leave scathing feedback on eBay and notify the USA distributor of Love Hina of his name, address, email and phone number. I also reported the item to eBay as counterfeit.

    He, of course, left retaliatory feedback declaring me as a "non-moral buyer."

    A few days later he wrote with a request to mutually remove feedback if he'd refund the money. I told him to first apologise to the USA distributor and offer compensation on the many sales that he'd made without paying them commission. I neglected to tell him that I blind carbon-copied them into that email.

    After about a week, PayPal sent me an email that he had refunded me entirely.

    About two weeks after that, eBay deleted the negative feedback on my page and he is "no longer a registered user" on eBay.

    I'm happy now.
  5. I discovered when I sold some things recently that this has now changed. Sellers are now not able to leave negative feedback due to this sort of thing happening alot.

    "In May, sellers will no longer be able to leave negative or neutral Feedback for buyers."

    It is pretty funny though, the only options you have on the feedback page are "Leave Positive Feedback" or "Leave Feedbak Later". Haha why bother :)
  6. The whole of ebay is fcuked in the head.

    I stopped selling on there.

    Monopoly should just be a board game.
  7. There are loads of other auction sites, they're just not as good, eBay should be punished for being the best?
    What's wrong with Paypal? I don't get it? :? If the fees are sucking into your profits, put your price up!

    Sour grapes should be used for Sultanas! :grin: :p
  8. "Copy" can mean either, but "counterfeit" means that it was a deliberate
    ripoff intended to decieve by carrying all the same markings/badges
    like a genuine product. So, yeah, fakes badged with the label of the
    legit company.
  9. Search for paypal horror stories, read them then come back and see me.

    Paypal is shit.
    Ebay was a great place to trade, today it's shit.
    eBay policy strictly prohibits the raising fees to cover the costs now incurred by paypal.
  10. how many items are sold daily on ebay?a rough estimation would be 'shitloads'.
    how exactly is ebay supposed to 'police' every sale on the site and ensure that counterfeited items arent sold?sounds almost impossible.
    there are terms and conditions that every seller must adhere to so is it fair for ebay,(even though they own the site) to cop the fines because of dodgy arseholes abusing the system?
  11. The same could be said for torrent and other p2p websites which are merely a channel for their customer base to pass "goods" from one to another.

    There comes a point where you've gotta be responsible for blatant illegal use of the system... unless of course you're condoning that behaviour because that's your bread and butter (p2p) or it's making you a shitload of money (ebay).
  12. If I have to search for them then there aint that many. I've never had a problem, ever.
    I would like to know the number of sales versus the number of 'horror stories' figures. My guess, less than 1% horror stories.
  13. Ebay & Paypal now spending money trying to stem the tide.


  14. yeah......ok then :roll:
  15. I've used Ebay for many years now, not that long since after it started and I have to agree with Vic.

    Ebay is *lots* less about customer service than it used to be, these days it's all about squeezing for the last possible $.
  16. I'm a little frustrated at the moment, because this is the second time I've been stung with counterfeit goods on eBay.

    This time, it's the DVD box set for Mysterious Cities of Gold. Bastards, pulling at my heartstrings....

    Anyway, I won the auction at a price about 8/10 the UK price. Most are selling at 9/10 or the full price, so I thought I was getting a bit of a bargain. The item was listed as the UK version, and the cover art was correct on the auction site.

    Unfortunately the DVDs arrived today.

    Yep, tell tale signs of:

    a) blue dye DVDs
    b) DVD5 (i.e. Single layer)
    c) crappy quality sleeve
    d) No additional paraphernalia (booklets and stuff as per the UK version)

    So I emailed the guy, he said that "If you're not happy with them, please return for a refund. Sorry, they came like that from the UK."

    I thought, "Well, I suppose he could've made a mistake when buying internationally. I'll return them for a refund."

    Then I checked out the discs.

    The files on the disc were only created on the 14th of June. The auction started on the 19th! The bastard lied to me! He burnt them himself in Werribee! :evil: :evil: :evil:


    1. I've written an email to the UK distributor, giving them his details.
    2. I've demanded a full refund, plus the $4 to cover return postage.

    We'll see what he says tomorrow. :twisted:

    If he pays up, I'll still report him to eBay and follow up with the licensee. If he doesn't, I guess I'll have to move forward with a PayPal claim. :evil:
  17. Or drop a coin to the Crimestoppers line.


    The AFP treat this as IP crime.
  18. Mate, I bet there are millions of horror stories with credit cards too, bet you still have one of them though!

    I've had more problems with AusPost than I have with Paypal. :evil:
  19. Nope. No credit cards for me.

    When you are bored;


    I use paypal when I am forced to. If I can avoid it I will.
    I leave no money in my paypal account. I don't trust them to not freeze the entire account and then deny me access to it as most people mention in the above links.

    I choose to deal with them when I have to and due to that I wait anywhere up to a week for them to pass on teh money for an auction that I have paid. Despite them taking the money out of my account a week before.

    I've had 1 problem with Australia Post in teh 3 years I was shipping mugs and mousepads all over Australia. Then again, you do live in Baccus :p
  20. Any company that DELIBERATELY hides its contact information (try finding an email address to contact anyone from ebay directly with, GOOD LUCK!) is plain fked in my opinion.