From sought-after luxury handbags to the latest electrical hairstyling tools, counterfeit sales represent an ever-increasing proportion of international merchandise trade, with even the most experienced shoppers being fooled by rogue sites selling co...unterfeit goods. The vast majority of consumers today are aware of the issue of counterfeiting. In fact, 90% of respondents to a PwC survey on counterfeiting said they feel that the practice is morally wrong, yet counterfeit sales still represent 7% of all global trade. Here are seven signs for brand owners to look out for. Price: Counterfeiters are wising up and realizing that sometimes it can be more convincing...Read More
In the UK alone, retail sales last year broke the £100bn barrier and with this figure expected to grow, there has never been a more important time for brands and consumers to protect themselves online. In light of this, we wanted to understand consu...mers’ current attitudes towards shopping on the web and decided to conduct a piece of research with leading market research agency Opinium last month across Europe and the USA*. The report found some interested facts, with 24% of those surveyed being duped into buying counterfeit goods online, including products like fashion, footwear and electronics. It also highlighted over...Read More
Ebay Wins again!
In the latest round of battles against Ebay by companies suffering from counterfeits, a Belgian court found Ebay not liable to L’Oreal for counterfeits sold on its site.
At least three cases against Ebay in Europe have been litigated... seeking to hold Ebay liable for infringing counterfeits, two which have ruled against Ebay. At issue is the European Directive that protects companies facilitating e-commerce, and how this Directive is interpreted. Interesting- Ebay’s position that it is only a passive provider of Internet “hosting” services persuaded the Belgium court, but not the French or German courts, in recent cases...Read More
Yesterday, the long awaited decision in Tiffany v Ebay was released by the U.S. District Court in the Southern District of New York, exonerating Ebay from any liability to Tiffany for infringing auctions on its site. In a sweeping ruling for Ebay, t...he Court emphasized that, although both Ebay and Tiffany have an interest in eliminating counterfeit Tiffany merchandise from Ebay, the burden of policing Tiffany’s valuable trademarks on the Internet falls squarely on the brand holder.
In holding that Ebay was not contributorily liable for trademark infringement, the standard is not whether eBay could reasonably anticipate possible infringement, but...Read More