June 05, 2008

eBay Ordered to Pay Counterfeiting Damages
Posted by Mark Reichel / 8:22 AM /
In a first of its kind ruling in France, eBay, Inc. has been ordered to pay 20,000 Euros (approximately $30,000) in damages to Hermes, a French company that manufactures and distributes high-end luxury consumer goods. At issue were a number of auctions held on eBay, including the sale of two counterfeit Hermes bags for 3,000 Euros, and according to the French court, “By selling Hermes bags and branded accessories on the eBay.fr site, and by failing to act within their powers to prevent reprehensible use of the site,” eBay, and the female seller of the fake bags, “committed acts of counterfeiting and imitation of French brand names ... to the detriment of Hermes international.” According to the Yahoo! news article (link below), eBay and the seller are jointly liable for the damages, and eBay is also required to post the court’s ruling on eBay.fr for three months.

Yahoo! Article: LINK
eBay.fr Anti-counterfeiting Webpage: LINK
Hermes Website: LINK

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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