Intellectual Property Law

Do Counterfeiters Drive Auction Sales of Empty Wine Bottles?

By Michael Atkins

The NYT’s Freakonomics blog today discusses the sale of empty wine bottles on eBay. It suggests that because the highest-priced empty bottles are the ones that fetch the highest prices when full, bidders may be motivated by the prospect of re-using them to sell counterfeit wine. Scary thought. But I guess I’m not surprised that bottles that used to hold the most sought-after wines fetch the most at auction. Other than a uniquely-shaped bottle or perhaps a uniquely-designed label, how else would one value an empty container? I’m sure counterfeit wine exists, but I kind of doubt this motive drives auction sales. Creative idea, though.

Full post as published by Seattle Trademark Lawyer on July 01, 2009 (boomark / email).