Looks like Tiffany & Co just sued Ebay for allow counterfeit Tiffany merchandise to be sold on their sites and making a profit from it (thru fees). If Tiffany wins, it may force Ebay to take responsibility for scams.
No way Tiffany wins. Where do you draw the line? How is Ebay different than newspaper classified ads? Fleamarkets? Etc....? Come on. Ebay should have reasonable precautions in place and I think they do. They are not perfect but they have reasonable precautions. I predict Ebay wins.
I think Tiffany's main point is that Ebay actually shares in the profits from the illegal sale. Unlike a flea market or classified ad, Ebay isn't merely charging a fee to use space, they are taking a % of the proceeds. It's far from certain, but I'm sure Tiffany hired a smart lawyer to give it a shot.
<< <i> think Tiffany's main point is that Ebay actually shares in the profits from the illegal sale >>
This could be construed entirely in a different manner - they do not share in profits but rather require a "graduated" fee schedule based on the amount of the sale for putting up ones ad.
This is nothing new - remember when lawsuits were brought against ebay for allowing the sale of fake memorabilia?
In the end, ebay is a tremendously sophisticated bulletinboard with a house of high priced lawyers like Denny Crane in their defense.
Should SCD be held liable if you bought a trimmed card from an advertiser? Would a show promoter be held liable if you bought a fake autograph at a show?
Their precautions aren't stellar....but I don't see the legal case against them.
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BigCrumbs! I made over $250 last year!
<< <i> think Tiffany's main point is that Ebay actually shares in the profits from the illegal sale >>
This could be construed entirely in a different manner - they do not share in profits but rather require a "graduated" fee schedule based on the amount of the sale for putting up ones ad.
This is nothing new - remember when lawsuits were brought against ebay for allowing the sale of fake memorabilia?
In the end, ebay is a tremendously sophisticated bulletinboard with a house of high priced lawyers like Denny Crane in their defense.
mike
Should SCD be held liable if you bought a trimmed card from an advertiser? Would a show promoter be held liable if you bought a fake autograph at a show?
Their precautions aren't stellar....but I don't see the legal case against them.