Isn’t lovely to have a piece of good news every once in awhile? France may be the promised land of fashion and style, but surely isn’t the honey land of commerce!
I could get political on this one so I’ll just take on the day’s subject for me: eBay won against Tiffany in a lawsuit filed four years ago (Tiffany accused eBay of not having the legal responsibility to prevent counterfeit sales). The judge decided that it was not up to the site to play vigilante over Tiffany’s brand. (there’s a fragment from the judge’s decision after the jump)
More – he decided that the commercials opportunities offered by eBay are submitted to any other commerce form law and regulations – counterfeit goods can penetrate every market in any way by any means. However, when I read this fragment of decision, it kinda poured honey on my eBay toast:
the law is clear: it is the trademark owner’s burden to police its mark and companies like eBay cannot be held liable for trademark infringement based solely on their general knowledge that trademark infringement might be occurring on their Web site.
I don’t know about you (but I’m sure you’ll tell me your feelings), but I think fighting against counterfeiting is a lost war even if a battle is won (and by that I mean even the French court ruling against eBay). It’s like they would have to eliminate craftsmanship from the face of the earth. As long as art exists, there will be imitators. As long as luxury goods remain luxury goods, coveted by everyone everywhere, there’s gonna be a way to deliver something similar at lower prices. How do you think this problem should be handled?