Now, after the ruling last week which eBay is also appealing; a French court ruled that eBay hurt LVMH Moet Hennessy Louis Vuitton SA by allowing knockoff (fakes) bags, perfume and clothes to be sold on their site. The French court ordered eBay to pay more than $61 million to LVMH Moet Hennessy Louis Vuitton SA.
Tiffany may have actually thought that they had a chance. However, Tiffany and eBay have been battling for some time now. Tiffany attempted a suit against eBay in 2004, which they stressed that items listed for sale as genuine Tiffany products were fakes.
However, U.S. District Judge Richard J. Sullivan in New York ruled on Monday in eBay’s favor this time around. New York (AP) reports
that a federal judge said companies such as jeweler Tiffany & Co. are responsible for policing their trademarks online, not auction platforms like eBay.
Citing, when Tiffany notified eBay of suspected counterfeit goods, eBay “immediately removed those listings.” Although the online auction company refused to go further, by preemptively taking down suspicious listings for Tiffany jewelry, the judge said eBay didn’t have to make such a move.
Nichola Sharpe the spokeswoman for eBay stated that the ruling “confirms that eBay acted reasonably and has adequate procedures in place to effectively address counterfeiting.”
While Mark Aaron, a spokesman for Tiffany, said the company was “shocked and deeply dismayed” by the decision.
James Swire an attorney representing Tiffany feels eBay should be responsible for counterfeits on its sites, or else sellers of fakes could “go on victimizing consumers.” Swire revealed that the company might appeal.