L'Oréal to appeal eBay ruling

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L’Oréal are to appeal against a French court’s decision that eBay is not responsible for the sale of fake cosmetics made through their site. The court had said last month that eBay “has fulfilled its obligation in good- faith” and that “preventing counterfeits will only be effective through a close collaboration between rights holders and eBay”.

A spokesman for L’Oréal said that the appeals process could take as long as two years, and that the company intends to pursue mediation with eBay in the interim.

18 Responses

  1. One would hope that Ebay tell them to stick their mediation where the sun don’t shine.

  2. It’s nice to know that some of my former professional brethren are still getting work – too many lawyers have been laid off recently!

  3. I have to agree with L’oreal on this. Of course eBay are accountable for items for sale on their site.

    If Tescos were selling fake clothes etc, they would be held accountable. And before you say that eBay only provide a venue for us to sell goods on where as Tescos source the products themselves, you would be wrong.

    Many areas inside large superstores are leased out to vendors. Tescos know they have a duty to vet those vendors, as do eBay.

    At the end of the day, eBay/Paypal are processing the sale of fake goods so they should share some of the blame. The fact that it’s very hard to remove all fakes from the site doesn’t count for squat!

  4. @4, At Tesco, you can at least see the product, pick it up, and check it before buying, on the web it is different. It’s not as ebay is going to check every product which is a massive index somewhat larger than the likes of tesco. Unfortunately tesco isn’t a good enough example, even when the tesco van comes round you can check your products before he skips off.

    Brands should work closer with ebay which is a more practicle model to identify what potentially could be fakes.

    I suggest that for specific brands, images should identify some aspect of the product to identify if that infact is genuine.

  5. eBay is a market place, many companies. If you see a company doing bad things, report it to ebay.

    L’Oréal need to go after the people who are selling the fakes, not the market place which provides the shops.

    If you have a shopping centre in your town, and one of the small shops sells something that is fake, the brand wouldn’t sue the shopping centre, they sue the shop.

  6. But I think ebay knows that many of their items listed are fakes, but they don’t care. I have reported so many items that are blatantly fake from “MACS” cosmetics to Coach bags that don’t even look close, to gold and gemstone jewelry from China that is base metal and glass, but if the seller is a Powerseller, then the listings are never pulled and the seller never suspended, for the simple fact that ebay makes a ton of money in listing fees. And hundreds of people everyday keep buying fake cosmetics, perfume, bags and jewelry made who knows where and out of god knows what. And if those fake perfumes and cosmetics are made in China, buyers can be putting all sorts of chemicals, lead or other substances on their skin! YUM!! No worth saving a few bucks in my book.

  7. The problem I have with all of this is indiscriminate pulling of listings. I sell legit Loreal products as liquids from major retail chains.

    If they buy one of mine and determine its fake thats one thing. If they pull my listing because they think its fake, thats a problem because everything I sell is real.

  8. @7 “If you see a company doing bad things, report it to ebay”

    Shouldn’t eBay be policing their site, not us?

    And what’s the point? You report it to eBay, you have no idea whether eBay have done anything about it. And even if they do pull the listing, the seller simply relists it.

    We only sell genuine merchandise, but we’ve spoken in the past to eBay about competitors selling fakes, and they do not care. Why would they really want to when they’re making millions of dollars out of it.

    @10 Totally agree. Unfortunately, as our competitors get more desperate, we’re finding more and more listings are getting pulled. We had 4 pulled overnight for Copyright Violation, and I know we haven’t done anything wrong. It would be nice to have the chance to defend our listings before someone at eBay removes them.

  9. I read a story yesterday about a seller who got a severe policy slap for selling a lighter the same shape as a zippo (correct me if I got that bit wrong) apparently Zippo own the patent for the shape of the lighter.

    “Dear Seller, sorry, please don’t list that stuff any more” would have been more than an adequate response from eBay instead of the very harsh policy warning that the seller advised she had recieved.

  10. In my opinion the correct procedure would be for the rights own to send a cease and desist type letter directly to the seller. If the seller does not comply the rights owner should then take the appropriate legal action.

  11. The Vero system is so abused it’s a complete joke. It’s only EVER used to limit trade and the punishments that eBay give out are so over the top.

  12. negative-feedback.com has a very interesting story about one man’s fight against VeRO. It isn’t my site (in case some people make that assumption) nor do I know the owner.

  13. #16 an interesting read….I think there are better example out there of how daft the VERO system is though.

  14. Did anyone see this > https://www.marketingmagazine.co.uk/news/908076/eBay-wins-court-battle-counterfeit-LOreal-goods/

    L’Oreal argued that restricting the distribution of their products and preventing them from being sold on eBay protected consumers against counterfeit products. In court, of the 15 products hand-selected by L’Oreal as evidence against eBay UK, none was proven to be counterfeit.
    Most of us know that the big brands are trying to control the market ,it has nothing to do with Fakes at all .


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