eBay and PayPal sued for abetting sale of counterfeit products

bodog · Sep 25, 2015

You can prove the manufacturer in China is dirty but can you without a doubt prove that the company in CA is? Present your case to the us attorney's office in that area and get a bad guy off the streets.

Thomas Linton · Sep 25, 2015

Gastonknife said:
Thank you for helping make my point. This post was about prosecuting and fining Ebay; not about policing the world. Hard to blame them -as you said it's been going on forever.
My point was that the Gov has done nothing, it is difficult to actually get to the counterfeiters, and well Ebay becomes a nice target for a lawyer to make some money............as most other avenues are dead ends money wise. you can close down Ebay tomorrow and they'll still be selling fake rolexs in Chinatown.
Nothing more nothing less.

Comparing eBay to China Town(s) as equivalent retail outlets seems questionable. I suspect that if ePrey stopped being the largest U.S. market for counterfeit goods, there would be fewer counterfeit goods sold in the U.S. - at least until the criminals found a new outlet for their goods.

I suggest that it is similar to the problem of stopping looting of metals from our buildings and streets by "tin men." Fences for criminal goods are typically fewer in number than those who generate them. Chase the multitude of homeless "tin men" or go after the fence who makes a wholesale market for the copper drain pipes, manhole covers, etc. that the tin men loot?

If the suit is correct, eBay is part of a criminal enterprise and should be punished. If the allegations are not sustained, eBay goes on as usual channeling counterfeit goods into our economy.

Gastonknife · Sep 25, 2015

I would agree that the existence of Ebay does present one way for counterfeiters to sell their product. Do they know some of the goods sold are counterfeits? I am sure they do. But which ones? It's a gray area - do they profit from some of that - yes. But is it their responsibility to fix counterfeit problems in the world? Our own government and law enforcement can not. I am not defending ebay in any of my posts here. All I am saying is that the lawyers are targeting them because: 1. it is easy to get to them and 2. they got money Which money is all the lawyers want anyway.

braillediver · Sep 25, 2015

Do they know some of the goods sold are counterfeits? I am sure they do. But which ones? It's a gray area.

No not gray at all. From the article- "Deborah A. Klar, a lawyer representing Wimo Labs said Wimo had sent eBay more than 5,000 notices of trademark infringement involving more than 2,000 eBay sellers."

It would seem reasonable that identified Trademark Infringement Sellers be banned from selling the Trademarked Items on eBay- If not eBay is complicit in the illegal sale of the counterfeit items.

Gastonknife · Sep 25, 2015

braillediver said:
No not gray at all. From the article- "Deborah A. Klar, a lawyer representing Wimo Labs said Wimo had sent eBay more than 5,000 notices of trademark infringement involving more than 2,000 eBay sellers."

It would seem reasonable that identified Trademark Infringement Sellers be banned from selling the Trademarked Items on eBay- If not eBay is complicit in the illegal sale of the counterfeit items.

And you think a statement from the lawyer suing someone else for millions is to be taken as the gospel? That is funny.

Thomas Linton · Sep 25, 2015

Gastonknife said:
And you think a statement from the lawyer suing someone else for millions is to be taken as the gospel? That is funny.

Thomas Linton said:
. . .If the suit is correct, eBay is part of a criminal enterprise and should be punished. If the allegations are not sustained, eBay goes on as usual channeling counterfeit goods into our economy.

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Bigfattyt · Sep 25, 2015

Great to see.

The allow the same seller to keep selling the same rip off stuff no mater how many times you report them.

Corytr · Sep 26, 2015

I admittedly know little of the laws that regulate the industry eBay serves. However, in my moral opinion, eBay should, without question, be held accountable for pedalling counterfeit goods. While using the example of "The War On Drugs" may not exactly be apples to apples, it does share some of the same principals. We have, for a long time gone after drug dealers, traffickers, and manufacturers. EBay may not manufacture the counterfeit goods, but they knowingly provide an avenue for counterfeit goods to enter and damage our economy. They are the guy who sells quantities of someone else's illegal product (drugs in this example) to the community. They also appear to have taken a very weak stance on discouraging or not allowing it.

Ebay should also be responsible for finding the solution to the problem. No, we don't need 300,000,000 agents enforcing the law. It should be up to eBay to prove that the crap isn't getting in.

EBay is not the guy who unknowingly had a pound of coke slipped in their suitcase. They are the guy who put it there, all-the-while pretending that they knew nothing about it. Ignorance is no excuse, right?

FLymon · Sep 26, 2015

Corskin said:
I admittedly know little of the laws that regulate the industry eBay serves. However, in my moral opinion, eBay should, without question, be held accountable for pedalling counterfeit goods. While using the example of "The War On Drugs" may not exactly be apples to apples, it does share some of the same principals. We have, for a long time gone after drug dealers, traffickers, and manufacturers. EBay may not manufacture the counterfeit goods, but they knowingly provide an avenue for counterfeit goods to enter and damage our economy. They are the guy who sells quantities of someone else's illegal product (drugs in this example) to the community. They also appear to have taken a very weak stance on discouraging or not allowing it.

Ebay should also be responsible for finding the solution to the problem. No, we don't need 300,000,000 agents enforcing the law. It should be up to eBay to prove that the crap isn't getting in.

EBay is not the guy who unknowingly had a pound of coke slipped in their suitcase. They are the guy who put it there, all-the-while pretending that they knew nothing about it. Ignorance is no excuse, right?

You do understand that eBay doesn't sell any of the products you can buy on their website right? The fact that some people choose to use eBay to sell counterfeits doesn't necessarily mean eBay is complicit.
You said:
"It should be up to eBay to prove that the crap isn't getting in." and "EBay is not the guy who unknowingly had a pound of coke slipped in their suitcase. They are the guy who put it there, all-the-while pretending that they knew nothing about it. Ignorance is no excuse, right?"

Let's say I have a Spyderco knife that I want to sell on eBay. What proof that my knife is legit, and that I have the right to sell it do you think eBay should be required to obtain from me before they let me post the listing?

As for the second analogy, I would say eBay is not the guy with the suitcase or the one who slipped the drugs in it, eBay is the airline.

If it can be shown that eBay has knowingly allowed counterfeits to be sold on the site I hope they are held accountable, and I hope he penalty is truly punitive, but I am glad we have a marketplace like eBay to buy/sell on.