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Tiffany sues eBay over fakes

malebolgia   on 22 June 2004 - 19:40 · 21 comments & 3277 views

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Apparently some users on eBay have been selling fake Tiffany jewelry. Why this is to be expected on any auction site. eBay isn't doing enough to stop these fakes from appearing on its site. According to a New York jeweler 73% of all Tiffany items advertised on eBay are fakes.

Tiffany is suing eBay over for fake jewellery offered for sale on the online auction site. According to the iconic New York jeweller, 73 per cent of the items advertised as Tiffany products on the website are fakes. As such, eBay should be held liable for such trading in counterfeit goods. The filing asks eBay to estimate profits made from such sale or pay Tiffany $1m for each type of fake product offered for sale.

The jeweller says it has talked to eBay for a year about the problem and has two members of staff working full-time on policing the auction site. This has resulted in 19,000 individual auctions being stopped. eBay rules warn against offering fake items and members can be banned for repeat offences. James Swire, Tiffany's lawyer from Dorsey & Whitney, told CNET: "Since they are making the money from it, the public is being defrauded by it and Tiffany is being damaged by it, the question is who should bear the burden of policing it."

News source: The Register


We've now had this story twice :)

Post a comment · Send to friend Comments · There are 21 additional comments
(1 reply) #1 betasp on 22 Jun 2004 - 19:42
With all due respect, Tiffany will lose. Ebay has been sued over this kind of thing before, and each time the plaintif has lost.
#1.1 NeoSoft on 22 Jun 2004 - 19:44
Yeah, but never say never, this could be the time that eBay goes down!
#2 SIG on 22 Jun 2004 - 19:48
How can it be e-Bay's fault that its users are bull****ing?

I'm sure they try to moderate every auction the best they can.
#3 OldeCrow on 22 Jun 2004 - 20:01
ebay doesnt have to loose for this to have an effect, larger companies have the legal resources to burry smaller comanies in millions of dollars worth of legal papers that the defandant is obligated to answer this means lots of time and money spent just defending your self regardless of weather or not you win. Eventually this will tarnslate into a change in ebay's policys since they cant afford to be burdened with huge legal costs forever ..

this is just the tip of the iceburg since there are several major software companies readying very high dollar suits against ebay also over the sale of illegal software too.

and just in case anybody is courious the 73% counterfit number is right on par for any small luxury item or collectible item sold on ebay
#4 tiddlie on 22 Jun 2004 - 20:11
Has anyone noticed the google ad bar on the top right? Well, has anyone noticed the link to 'Tiffany Inspired' jewellry?
Well if its changed now at the time of writing the adbar showed 3 out of 4 replica Tiffany stores online. Is google responsible for this because of the revenue they make from allowing sites to advertise?
(2 replies) #5 astrokat on 22 Jun 2004 - 20:30
You can't sell fake items even if you say they are fake?
#5.1 Magallanes on 22 Jun 2004 - 21:24
QUOTE (#5.0)
You can't sell fake items even if you say they are fake?

I can sell tiffany jewelry and it will be not a fake! because it are from Tiffany (some girl) not Tiffany (related with the company).

Anyways, Tiffany is not a copyright name but copyright logo (image)
#5.2 YaddaMe on 22 Jun 2004 - 22:08
QUOTE
Tiffany is not a copyright name but copyright logo


That'd be "trademarked", copyrights are for works of art & the likes, not business names.
And yes, the name itself is trademarked as well. You could sell jewlery from a girl named Tiffany, but if you were even remotely hinting at it being the same or even similar to Tiffany&Co's products while using that name, you'd be skating on thin ice.
(1 reply) #6 nic on 22 Jun 2004 - 20:35
who the heck buys jewellry on ebay?!?!?
#6.1 NPGMBR on 22 Jun 2004 - 20:49
My question exactly. Why would anyone buy jewlery on EBay where they can't see it up front?

Anywho, so the point some of you are making is that any item sold on EBay thats a fake can bring litigtion from the manufacturer of the real product?

I'm not quite sure this one will fly in court. But I may be wrong.
#7 OldeCrow on 22 Jun 2004 - 21:14
ebay is a good place to buy jewelery as long as your not trying to buy high dollar brands like Tiffany or Rolex you will save tons of money and get exactly what you want, I buy watches frequently on ebay and at less than half of retail i wouldnt think of buying anywhere else the catch is they are usually not covered by the manufacturer's warranty not because the item is fake but because the manufacturers have a responsibility to promote the retail chain of custody where they make most of there money ..

in my case i buy a lot of seiko's on ebay and seiko wont warranty any watch not sold through a authorized retailer but i can buy a high end seiko on ebay and send it to seiko for paid non warranty repairs cheaper than i can buy it with a warranty retail

@astrokat
you cant sell anything "fake" if your reproducing a copyrighted or patented item or brand or logo
you can make similar items non branded but if you make a rolex lookalike and put the rolex crown and brand on the watch then its a "fake" or counterfit

(1 reply) #8 Eduardo on 23 Jun 2004 - 02:02
Lol @ Google ads!
#8.1 BOOGSoftball™ on 24 Jun 2004 - 15:58
ROFL! Nice shot!
(2 replies) #9 pogue106 on 23 Jun 2004 - 04:24
"jewellery" ? Yea I get the unprofessional journalism thing but at least turn on spellcheck??
#9.1 Cleaver on 23 Jun 2004 - 10:45
"Jewellery" is the correct British-English spelling. The article's from a British site -- theregister.co.uk -- hence the spelling.
#9.2 D-j-M on 23 Jun 2004 - 14:58
Nothing wrong with the spelling apart from the lazy US miss the L out
#10 soloredd on 23 Jun 2004 - 06:36
Being the boyfriend of a girl who adores Tiffany & Co. jewelery, this makes me laugh. Who in their right mind would buy something as personal as jewelery on an auction site?

2 weeks ago I took my girlfriend to the Tiffany's at the Bellagio in Vegas and bought her a new ring. She was able to try it on, get the size perfected, and I got to see first-hand how much in debt I'm going to be when I get her engagement ring Can't do that on eBay.
(1 reply) #11 PapaSmurfGoneMad on 23 Jun 2004 - 07:34
How is this eBay's problem? The people on the marketplace are selling this jewelry...
#11.1 D-j-M on 23 Jun 2004 - 14:58
But theyre doing absolutly nothing to stop it..
#12 MR_Candyman on 23 Jun 2004 - 10:39
seems like things are going fine to me...I think Tiffany should be the ones policing to see what are fakes...the people at ebay don't have the knowledge to do that
#13 SquareSoft0 on 24 Jun 2004 - 07:36
*Opens his jacket flap*
Hey guys, got some premium Rolex watches here, I'm legit yo. Just auction them with that other chick for a few days and they're yours!

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