German Court Says eBay Should Be Able To Tell A Fake Rolex From A Real One

from the got-any-watch-specialists-on-hand? dept

For many years, various luxury brands have had problems with people selling counterfeit goods on eBay -- leading to a variety of lawsuits. Of course, most of these lawsuits are incorrectly targeted. They're usually filed against eBay, rather than the seller of the goods. eBay doesn't inspect the goods or make any claim to the authenticity of them. That should be up to the buyer and seller to work out. However, a few months ago, it appears that a German court felt differently, and told eBay that it may be liable for fake Rolexes being sold on the site, even if eBay has no real way of knowing what's real and what's fake. The court seemed to indicate that eBay should be able to tell from the price, but that's not necessarily true. In the meantime, it's not clear why this isn't a problem that the market will start to work out by itself. For many, many years you've been able to buy fake Rolexes on the streets of New York City, but Rolex doesn't sue the New York City government for letting this happen. It recognizes that most people know that the Rolex you buy from a street vendor probably isn't real. Along those very lines, Rolex has introduced programs to designate legitimate Rolexes on eBay already -- so this seems like the type of "problem" that could work itself out without making eBay liable, but apparently it's too late for that.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    identicon
    Brad, Jul 31st, 2007 @ 3:27pm

    eBay is responsible?

    If eBay is responsible, then the NYTimes or any newspaper should be responsible if someone sells fake goods in a classified ad. Radio and TV stations should be responsible for any store advertising on radio or TV.

     

    reply to this | link to this | view in thread ]

  2.  
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    Anonymous Coward, Jul 31st, 2007 @ 3:36pm

    Re: eBay is responsible?

    The law doesn't apply the same to everyone.

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    Anonymous Coward, Jul 31st, 2007 @ 3:41pm

    More bullsh--t politics and technically uneducated judges - ho hum.

    Of course it should not be tolerated - but as a topic for discussion here - nope.

     

    reply to this | link to this | view in thread ]

  4.  
    identicon
    david logan, Jul 31st, 2007 @ 4:35pm

    German Court Says eBay Should Be Able To Tell A Fa

    I'm about sick of hearing what German Courts have to say about anything....
    Go drive your Volkswagen, eat some kraut and stfu.

     

    reply to this | link to this | view in thread ]

  5.  
    identicon
    Anonymous Coward, Jul 31st, 2007 @ 4:52pm

    Germans....idiots

     

    reply to this | link to this | view in thread ]

  6.  
    identicon
    Anonymous Coward, Jul 31st, 2007 @ 4:52pm

    Germans....idiots

     

    reply to this | link to this | view in thread ]

  7.  
    icon
    Nick (profile), Jul 31st, 2007 @ 5:19pm

    How do you say "buyer beware" in German?

     

    reply to this | link to this | view in thread ]

  8.  
    identicon
    Anonymous Coward, Jul 31st, 2007 @ 6:12pm

    "Buyer Beware in German", thats how

     

    reply to this | link to this | view in thread ]

  9.  
    identicon
    John Doe, Jul 31st, 2007 @ 7:02pm

    A clear sign that Germany maybe heading down if th

    A clear sign that Germany maybe heading down if they don't over turn it.

     

    reply to this | link to this | view in thread ]

  10.  
    identicon
    charlie potatoes, Jul 31st, 2007 @ 7:14pm

    hold the phone........

    are you insinuating that the $45.00 Rolex i bought on 42nd street may not be real? well damn..just damn damn damn

     

    reply to this | link to this | view in thread ]

  11.  
    identicon
    Jeff, Aug 1st, 2007 @ 7:23am

    ...

    Dear Germany,
    You're still not off the hook. You have 700 more years of repentance, shut your collective face, no one cares.

    Love,
    Me

    PS, Rolexes don't tick...the answer? Screw picture previews, get video.

     

    reply to this | link to this | view in thread ]

  12.  
    identicon
    Propeller Hat, Aug 1st, 2007 @ 6:55pm

    German Efficiency

    The German legal system relies on a principle of 'Responsibility and Authority'. If you are an Adult (some of you might be one day) you have the authority of an adult over your minors (i.e. children). However, you also carry the responsibility for those minors. Any car they steal and torch you are responsible for - not guilty but responsible, after German law. A commercial entity selling a product is - within reason - responsible for the product. Again no guilt, but resposibility! Some civilised countries use the term 'warranty' for reference. And it seems to work for the Germans - they focus on adding value and improving their exports instead of squibbling with sulking teenagers on e-bay.

     

    reply to this | link to this | view in thread ]

  13.  
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    Mark, Nov 20th, 2007 @ 8:57pm

    NYC don't make money out of street vendors selling fake Rolex watches, whereas ebay do, hence their reluctance to jump on people selling fake items as genuine or give up the sellers of fakes to the rightful trademark holders so that they can take it up directly with them.

    Ask yourself this, if you designed and sold an exclusive product and saw fakes being sold as genuine or even being sold as outright fakes while the seller and ebay make money that should rightfully be in your pocket, how would you feel about it?

    Ebay try to sidestep any responsibility by claiming the seller is responsible for the accuracy of the listing, ebay still profit from the listing and final sale price so pretty much don't care as it is in ebay's best interests to do nothing! Tiffany sued ebay for the same reasons, because ebay do not take action in most cases to remove trademark infringing fakes and will not give out information on the sellers they claim are responsible for these listings. I can well see why trademark holders become exasperated enough to go to court over it!

    Way to go Rolex and let's see more people force ebay to be accountable for what they allow to be sold on there, afterall they are lining their pocfkets from it and many people are being ripped off with counterfeit goods.

    For example the genuine Rolex you buy is really counterfeit, it falls apart in a couple of months, you now have a negative opinion of the quality of Rolex watches. This is damaging in itself to the company as well as the poor sucker that lost their money.

    If any of you were actually smart, you might appreciate this before you make childish comments about something you clearly know little about.

     

    reply to this | link to this | view in thread ]

  14.  
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    JILLY, Mar 31st, 2008 @ 5:38pm

    Re:

    I could not agree with you more!!! FINALLY, I read something about ebay's disgusting greed from someone that actually made any sense!!!

    Anyone who would protect ebay does not know what is going on because if they did.... they would be just as disgusted.

    And if they weren't disgusted they are probably one of those sellers.

     

    reply to this | link to this | view in thread ]

  15.  
    identicon
    Don O, Dec 11th, 2008 @ 8:03am

    Germans are retards

    Strict and retards cant work things out with them

     

    reply to this | link to this | view in thread ]

  16.  
    identicon
    k00lit, Aug 17th, 2010 @ 2:00pm

    selling rolex

    There are many ways how to tell if rolex is fake. I agree that ebay should know it. Aside from ebay i know a website who knows how to distinguish a fake rolex. Check out www.webuywatches.com they also get paid you on your watch at to price.

     

    reply to this | link to this | view in thread ]


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