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Tiffany takes eBay to court

By Derek Sooman

On January 31, 2006, 6:13 AM

eBay is being taken to court by jewellery maker Tiffany, claiming that the company has facilitated counterfeiting. Seemingly, Tiffany bought around 200 test items from eBay and discovered three in four to be fakes.

The Tiffany suit crosses a threshold. Rather than team with eBay to identify fake products, it sees eBay as facilitating the transactions, pocketing as it does the listing and closing fees.

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User Comments: 14

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  1. But hasn't eBay emphasized in every opportunity that it doesn't guarantee the quality of what is sold in it? Buyers buy anything in eBay at his/her own risk, and if Tiffany ever wins the case, eBay will get a flood of suits from all over the world.
  2. If in fact the sellers are saying the product is genuine then Tiffany should be going after them (the seller). It's not EBAY's fault.
  3. another testamanet of how modern society is obsessed with scape goats.Its not e-bays fault. They just provide a service through which people to sell items. Its the PERSON who is selling the bootleg item.. but of course it wouldn't be easy to attempt laying legal blame at all those sellers feet.. so th easy route is taken and the scapegoat is embraced.Its the exact same thing thats happening with gaming.. and parents responsibilities as parents.
  4. This just illustrates how many people are knocking off Tiffany stuff, not that they are all using eBay to do it.
  5. [b]Originally posted by asphix:[/b][quote]Its not e-bays fault. They just provide a service through which people to sell items. Its the PERSON who is selling the bootleg item.. quote]Yes, but Tiffany would be wasting their time trying to sue the individual counterfeiter. If they sue a company like eBay and win, they actually get a significant amount of money. If they sue the individual, they get next to nothing for their efforts.
  6. A good point Cartz, but do you think that they can justly sue eBay? They are just the middle man in these transactions. I don't think that the selling of counterfeits can be pawned off on eBay. They would have to sue the poster, even if it is for a few pennies, that's all they're going to get.
  7. Exaclty. Not ebay's fault. Are they really going to allow people to sue ebay for every little mistake. Actually, i don't think you could even say that eebay made a mistake. Ebay is just a website where people can post what they want to sell, and people can bid for what they want to buy. Ebay is not selling the product, ebay is not responsible. Mabye a few money grubbing, sefish people *cough....*tiff...*cough....*fany...should learn that, and then SHUT UP!!!!
  8. How could Ebay possibly monitor the quality of every item? This is laughable really. It's like, "oh, you want to sell jewlery on our site, okay, send me the goods so ebay can test them, then we'll let you sell them."What the heck? Tiffany aught to go around sueing every pawn shop in the nation. Or wait! Better yet, Tiffany should sue the government because of roads. After all, people use roads to drive to places to buy jewlery, maybe it's the road's fault?No, they should sue Chevy and Honda and Ford etc.., cause after all, people drive to buy this stuff right? haha
  9. 75% of Tiffany items sold on Ebay are fakes?......wow!Although I tend to agree that it's not Ebay's fault, it's clear that a better effort needs to take place in order to combat fraud, for everyone's benefit. While Ebay is regarded as the #1 aution site in the world, their reputation and business in general can still be effected by this type of negative publicity. However,lawsuits such as this are not the answer.With the Tiffany findings, as well as Microsoft's discovery of 11,000 instances of counterfeit software at the UK Ebay site (in August) alone, the point has been made.There has to be a collective effort against this, with buyers, companies involved, and Ebay all working together.I wonder how many buyers are actually aware of the fact they have a fake?.....and therefore, not reported either to Ebay, or in seller feedback.Hopefully, it is this 'better collective effort against fraud' that Tiffanys is really after. Anything else seems like a waste of time, and litigation costs.
  10. I guess Tiffany wants people to dish out money to buy the real thing. Its really a shame they have to fight against other companies because they charget too much for a lamp.
  11. This is dumb...ebay didn't do anything. Tiffany should be suing the people who sold the items or at least look into that. Ebay is only the middle man not and I doubt that they condone this at all and that they will start cracking down on it if it's brought to their attention. Another thing why was Tiffany buying those "test" items?
  12. This could all be solved by Tiffany. Just be sure to engrave a unique serial number for each item that can be registered and subsequently cross referenced on Tiffany's website. That way people could post the number on their auction and find out who that particular item is registered to. For the record though, this fraud is not ebay's fault, it is the fault of the person who is attempting to sell it on ebay.
  13. Yet another company/person (had never heard of Tiffany prior to this) going for money rather than trying to make things right. This is not EBay's fault. If EBay were to go through steps to verify each and every item being sold as described I doubt they would be in business. The cost to them would be too great, which would cause the cost of selling items there to go too high. It is up to the seller to provide the true description and the buyer to follow up with any fraud. If Tiffany (ok so it's a company I just looked it up), really wanted to set things right they would go after the sellers. However, that would cost them money in the end so I guess they would rather go after EBay.
  14. HEY tiffany leave ebay alone the problem is with sellers tiffany is just looking for a quick buck its not like they need it

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