EBay Fraud Lawsuit Could Affect E-Commerce

“A year ago Jacqui Rogers, a retiree in southern Oregon who dabbles in vintage costume jewelry, went on eBay and bought 10 butterfly brooches made by Weiss, a well-known maker of high-quality costume jewelry in the 1950’s and 1960’s. At first, Ms. Rogers thought she had snagged a great deal. But when the jewelry arrived from a seller in Rhode Island, her well-trained eye told her that all of the pieces were knockoffs.

“Even though Ms. Rogers received a refund after she confronted the seller, eBay refused to remove hundreds of listings for identical “Weiss” pieces. It said it had no responsibility for the fakes because it was nothing more than a marketplace that links buyers and sellers.

“That very stance is now being challenged by eBay users like Ms. Rogers who notify other unsuspecting buyers of fakes on the site. And it is being tested by a jewelry seller with far greater resources than Ms. Rogers: Tiffany & Company, which has sued eBay for facilitating the trade of counterfeit Tiffany items on the site.”

Katie Hafner. Seeing Fakes, Angry Traders Confront EBay. The New York Times. Jan. 29, 2006.

CopyCense™: K. Matthew Dames on the intersection of business, law and technology. A business venture of Seso Digital LLC.

Written by sesomedia

01/31/2006 at 08:35

Posted in Trademark, Web & Online

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