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. icon
    In_Correct (profile), 19 Oct 2010 @ 7:41pm

    This applies to SHAVERS also:

    I like to get portable shavers. I use the rechargeable batteries. One type of Shaver I use is Lightspeed Clio. The screen wears out after one year and needs to be replaced. It probably can be replaced by any universal spare parts screen, but whenever I find a deal on a lightspeed clio, it is simpler for the moment to buy another lightspeed clio shaver. I bought a replacement last year for around $12.00 USD including shipping. This year I found an including shipping price of around $15.00 USD for two new shavers. This price includes both shavers. I could not buy it because of France and their perfumes. Does a shaver look like a perfume?! Previously I tried to buy Centrum Vitamins on Ebay. I could not because of France. So it looks like it affects any and all items that are "health & beauty" related. What needs to happen instead of France sueing Ebay is that Ebay and its sellers needs to sue France!! And everybody else should boycott the France perfumes!! The shaver was made in China and was already in U.S.A. and sold by a U.S.A. seller!!!! NOTHING to do with France!!

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