val2525
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Post by val2525 on Aug 24, 2015 7:03:27 GMT
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val2525
Chaos Manager
Posts: 30,823
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Post by val2525 on Aug 24, 2015 7:12:23 GMT
More info: www.ocregister.com/articles/ebay-678840-wimo-paypal.htmlIrvine-based Wimo Labs filed a federal racketeering lawsuit Thursday against eBay and PayPal, claiming they knowingly abetted the sale of counterfeit products.
Wimo Labs sells phone accessories under the name Lunatik.
The suit alleges that eBay and PayPal not only facilitated but also profited from the sale of fake products that display the Lunatik trademark. PayPal was owned by eBay for 13 years before it spun off last month.
“Our client is the victim of trademark infringement and has been adversely affected by it,” said Deborah A. Klar, a lawyer representing Wimo Labs. She said Wimo had sent eBay more than 5,000 notices of trademark infringement involving more than 2,000 eBay sellers.
“Not only does eBay allow its sellers to list fake products that infringe on our client’s trademark; they also elicit eBay buyers to purchase these fake products,” she said.
Wimo Labs is seeking damages of up to $2 million per counterfeit trademark, plus lost profits and attorneys’ fees. Four trademarks were identified in the complaint.
Rather than take “effective remedial action,” the lawsuit claims, eBay “protects and conceals the identity of its unauthorized sellers” and fails to use the “reasonable means it has available” to deny its services to them.
Wimo further alleges that eBay and PayPal make “enormous profits” from fake products and are therefore ignoring the plaintiff’s claims.
EBay and PayPal said their companies would fight the lawsuit.
“Counterfeits are not welcome on eBay and we have a number of sophisticated tools, policies and other measures in place to keep them off our site,” the company said in a statement. “We will vigorously defend our practices in court.”
Ruh oh. |
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val2525
Chaos Manager
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Post by val2525 on Aug 24, 2015 7:15:57 GMT
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Post by unknown on Aug 24, 2015 11:19:05 GMT
Someone who read the lawsuit says they're pissed off because there are knockoffs on ebay; knockoffs are legal so....
The other lawsuit is the funnier one.
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Deleted
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Post by Deleted on Aug 24, 2015 12:52:57 GMT
Now if Apple or someone stepped up and filed maybe Ebay would realize they are far more than "just a venue" anymore an they need to get that crap off the site.
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Post by unknown on Aug 24, 2015 13:29:36 GMT
They have already had tiffany and LV 'step up' and both lost (except for a small claim from LV in France).
Legally, ebay is doing exactly what is required by US law, no more, no less. US law would have to change for them to do any more.
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kritter
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Post by kritter on Aug 24, 2015 15:52:42 GMT
I don't know if this is mentioned in one of the articles that Val posted but apparently there was the same issue on Amazon and Amazon wiped all the counterfeit items off in one felt swoop.
It was a color issue. Apparently the real ones only come in black and silver, I think, and the counterfeit ones with the Lunatik trademark on them come in a rainbow of colors. Amazon deleted all the listings where colors were available to choose from and there were a bunch of them.
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Post by unknown on Aug 24, 2015 16:33:38 GMT
They got takedown notices from the rights owners but I have not seen them. I have seen other takedown notices and have read the DMCA enough. Each listing must have a separate notice unless you've got something like a multivariation.
BUT my understanding is they went beyond that - and that's illegal. I don't know the specifics, I haven't read the 106 page suit but I know those guys want knockoffs also taken down and ebay wouldn't do it. If they're not infringing trademarks and the item isn't patented, these guys have rocks in their heads, nothing wrong with 'designer inspired' Maybe amazon pulled them anyway. If they did, those sellers have a valid claim against amazon and should sue. I would.
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kritter
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When we lose sight of how we treat animals, we tend to lose sight of our humanity
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Post by kritter on Aug 24, 2015 16:38:44 GMT
According to the article, the colored ones that Amazon pulled had a replica of the Lunatik trademark on the product.
They weren't knockoffs but had the trademark on them.
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Post by unknown on Aug 24, 2015 16:40:17 GMT
That's kosher. Someone looked at the ones still on ebay in colors and they didn't have logos but they were still pissed that ebay wouldn't pull 'em.
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val2525
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Post by val2525 on Aug 24, 2015 21:09:41 GMT
Amazon may have pulled them because Amazon itself IS a seller. eBay doesn't sell. I bet the Wimo guys didn't factor in that very important distinction.
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Deleted
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Post by Deleted on Aug 29, 2015 0:14:49 GMT
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