EBay fights its toughest legal battle
EBay fights its toughest legal battle
Tiffany lawsuit puts 'hands off' approach to the test
By Bob Sullivan
Technology correspondent
MSNBC
Updated: 1:52 p.m. ET Sept. 21, 2004
Artist Anna Conti says that one day this spring a friend spotted dozens of Conti's paintings for sale on eBay -- at around $50 apiece. They normally sell for $1,000 or more; these were obvious fakes. Frustrated with eBay's efforts to thwart the frauds, Conti started a Web site called "eBay Art Fraud," devoted to outing the auction site's counterfeit problem. While frauds involving her work have now stopped, she says the site is still rampant with fake art, causing a real problem for those who rely on creativity for their living.
And in an odd kind of Internet-age alliance, Conti is now a fan of Tiffany & Co., which has filed a lawsuit against the Internet giant for much the same thing.
Comments -
As a seller I will be watching this case very closely as it definitely has far reaching consequences and not just for large brand name companies. eBay has successfully defended its case that it is just a medium, like a classifieds in the newspaper, and cannot be responsible for the authenticity of goods sold on the site. As you read the article above you will find that Tiffany has some very plausible arguments that will challenge that assertion.
If Tiffany wins (which may be a long shot) eBay can expect a flood of similar lawsuits to be filed from other companies that have been defrauded, at least in trademark value, by the fake products being sold on the site.
As a seller the critical shift would be this. Currently, I am accountable for the items I list on eBay ... this gives me a great deal of flexibility when listing items but ultimately, if the bidder is not happy, I am the one that has to deal with the repercussions. It is essentially a matter of honor and good business.
There will always be people out there looking to make a quick buck and then run. Does making eBay responsible for any item listed on their site eliminate those opportunistic unethical sellers? Not at all ... in fact, having them list on eBay has resulted in some being captured and punished. Rather than get involved in a lawsuit with eBay I think Tiffany should actually be lobbying tougher legislature for criminal behavior by selling counterfeit product.