Legal Issues

by Mike Masnick

Filed Under:
auctions, fines, france, liability, trademarks, users

ebay, lvmh

French Courts Continue To Penalize eBay For Actions Of Users

from the bad-news dept

While more and more courts seem to be understanding that eBay shouldn't be responsible for what users are selling on its site, it appears that French courts are a bit confused. Last year, a French court fined eBay $63 million because counterfeit LVMH products were being sold on the site. Of course, eBay has no way of knowing what's legit and what's not, but the French court didn't seem to care. A similar case, also involving LVMH, but concerning Google ads, was also ruled in LVMH's favor, but it was appealed to the European Court of Justice, and a judge there has already indicated that it makes little sense to blame the company. But that isn't stopping the French courts. eBay has now been fined yet again, because of a French ban on selling even legally purchased brands of LVMH perfumes if you're not an authorized distributor. eBay is appealing the ruling, saying that banning the resale of legally purchased goods doesn't make sense and harms consumers. However, a much bigger question is why eBay should be liable at all. It's not eBay doing the selling, but users on the site.

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  1. identicon
    catalyst, 16 Apr 2010 @ 5:42pm

    Join Sellers Contacting ABCs 20/20!

    Greetings all,

    My name is April. I am knottybynature-ny, "no longer a registered user" on eBay. Due to the fact that I had the nerve to state my opinion openly, as guaranteed by the American Free Speech Amendment, I was first censored, then suspended from their site.

    Many of us are more than frustrated with the blatantly buyer-skewed feedback system, the FB extortion or manipulation that goes on ignored; continuous removal of posts-what only eBay feels to be 'a serious threat to the security of the site'. What they removed of mine, were nothing more than a list of policy changes I had come up with on the FB, along with a request to sellers to contact Chris Cuomo at the US 20/20 show. I strongly believe that there are unfair and possibly unethical business practices on eBay. My goal is to get the media attention we need to have eBay investigated and stopped. Since theirs is an online venue, and spans the globe, I am bringing my story to you. I hope you too have the courage to stand up against discriminatory treatment by a large company. Let's end this together!

    I hope you will visit the following US forum where I am encouraging all sellers to not only contact 20/20, but your local paper or major metro with letters & links on how others can participate. Please, pass it on to everyone you know. I'm sure there are many former eBayers who are not on this forum but would like to know.

    I am a firm believer that if we work together, we can change eBay back to the fun venue it used to be. Please see me on Power Sellers Unite:

    View topic - Join Sellers Contacting ABCs 20/20

    Just a note-I will only be posting on the PSU site as I do have a life outside of this LOL. Thanks for your support. Please contact me there~

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