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Tiffany sues eBay


#1

Tiffany and Co. has filed suit against eBay for “facilitating the
trade of counterfeit Tiffany items.”

Tiffany & Co. claims the online marketplace has failed to take
adequate steps to remove fake Tiffany jewelry from the site.
The suit could force a major change of eBay’s business model.

eek.com/news/showArticle.jhtml?articleID=177105605

DM


#2

Old news. eBay has been there before. How can they remove fakes?
What they should they do, look at thousands of Tiffany items and
decide from the photos whether or not they are genuine ? Ban all
Tiffany items? What about the legitimate ones? My money says eBay
wins this one.

Brian Corll
Brian Corll, Inc.
1002 East Simpson Street
Mechanicsburg, PA 17055


#3

e-bay deserves to be sued. The management is completely inept at
dealing with scams. I wouldn’t buy ANYTHING there. Just a word to
the wise?


#4
Old news. eBay has been there before. How can they remove fakes?
What they should they do, look at thousands of Tiffany items and
decide from the photos whether or not they are genuine ? Ban all
Tiffany items? What about the legitimate ones? My money says eBay
wins this one.

I agree with Brian. Ebay operates under “caveat emptor”. For
goodness sakes, the wholesale stores 30 blocks away from Tiffany
blatantly sell knock-offs. Why not go after them?

Ironically, if one were to really question Tiffany… one could
argue caveat emptor applies when purchasing a sterling silver ring
with a minuscule pink sapphire for $225 because it is stamped
"Tiffany & Co.". And, just to continue my rant… how many designs
are they going to release which rely completely on their stamps?
T&Co… 925… gagging how pathetic is their design department
these days???

I am done and have now climbed off my soapbox.

Cameron
CteDesigns.com


#5

Thomas,

I’m sorry you feel this way. I am not defending Ebay management but
I sell and buy there and have had some really nice experiences. Are
you referring to Tiffany jewelry only? I hope so. I am honest, as a
Seller and a Buyer ( as many are) and would be very sad to see such
generalization…

Of course, there are some that are not, but you can generally tell
from either their feedback or simply if it is too good to be true…
You know how that goes. And it is “Buyer beware” just like any other
marketplace.

Well, I had to give my 2 cents…

Vera Battemarco


#6

Going wayyy overboard there, Thomas. I’ve been both a buyer and a
seller on eBay since 1999. You need to be a smart consumer/seller,
that’s all.

Brian Corll
Brian Corll, Inc.
1002 East Simpson Street
Mechanicsburg, PA 17055


#7
e-bay deserves to be sued. The management is completely inept at
dealing with scams. I wouldn't buy ANYTHING there. Just a word to
the wise? 

I don’t remember if it was e-bay itself or a reviewer / tutor, but
e-bay actually and effectively and legally is nothing but an online,
international “flee market”. e-bay is only selling or renting space
or a forum for individuals or companies to sell. The seller and
buyers both work on the principal of “caveat emptor”, let the buyer
be aware"! Just like at a flea market or yard sale, except, you
can’t see or touch the item… Mall owners, aren’t sueable for their
tenants sins, “caveat emptor”.

But, I’m a risk taker, I drive School Busses (High School - Behavior
Disorded)!

my 2 cents,
Ed


#8
e-bay deserves to be sued. The management is completely inept at
dealing with scams. 

We’ve been buyers & sellers for over 7 years (buying lapidary rough
and selling designer cabochons), and we’ve never been scammed
(although a few have tried), and we’ve CERTAINLY NEVER scammed
anyone.

Kristi (and Rick) Stutt
on eBay
RK Studios


#9

I am not an attorney, but

US courts have held “publishers” responsible for in
their publications.

The legal principles that come to mind are those that hold a
publisher liable for they publish. Specifically, firearm
sales, as published in classifieds in local newspapers. A publisher
knows, or should know, that a firearm is dangerous.

Ebay knows, or should know, that they are facilitating an activity,
with a trademark issue. Up to now, in my opinion, their response can
be simply summarized as “not our job”

In my opinion, the courts will hold that “yeah, actually, it is”

regards


#10

Just thought I’d mention…

I buy on the Bay only…am not a seller…

Though my feedback rating is an 85, I have over 600 auctions that
I’ve taken part in and won over the years…Not that a bunch were
bad, but the visible total doesn’t go up when you buy again or in
multiples from the same seller…

And there are some great sellers on Ebay…

Items have varied, from a stuffed ice-dragon, to Heavy Metal 35MM,
to a certain author’s books, Argentium wire…

I’ve only had three mishaps, and maybe a half a dozen
mediocre-but-OK transactions…

I’ve had many, many, great, and a number of spectacular, deals…
Some…even too good to be true…but they were, due to a right
place, right time scenario…

I have found Ebay sellers to be a group of good folks (with the 3
exceptions)… Several have become good friends…

But it is Caveat Emptor…and one does have to use common sense,
pay attention to the feedback system, and ask the seller questions if
you have any…

And if it’s too good to be true…that only happens
rarely…but it can happen…

Gary W. Bourbonais
A.J.P. (GIA)


#11
The legal principles that come to mind are those that hold a
publisher liable for they publish. Specifically,
firearm sales, as published in classifieds in local newspapers. A
publisher knows, or should know, that a firearm is dangerous. Ebay
knows, or should know, that they are facilitating an activity,
with a trademark issue. Up to now, in my opinion, their response
can be simply summarized as "not our job" 

You’re talking apples and oranges. Sure, a publisher knows that
firearms are dangerous. So does eBay. They don’t allow the sale of
firearms. But, I’ll say it once again, how do you know that a Tiffany
item is bogus ? There are currently 20 million items posted on eBay.
Who’s going to police that many items ? You can’t just forbid the
posting of Tiffany items (unless Tiffany wins, which is doubtful),
because many are genuine.

Auctioneers like Christie’s and Sotheby’s have sold Rembrandts that
weren’t Rembrandts. Maybe they knew, maybe they didn’t. It’s up to
the buyer to make a decision, and buy or not.

Brian Corll
Brian Corll, Inc.
1002 East Simpson Street
Mechanicsburg, PA 17055
Tel.: (717) 691-0286


#12

I’ve been buying and selling on ebay since 1997. Nowadays I mostly
buy. As you said, caveat emptor. My experiences are similar - for the
most part, my transactions on ebay have been great.