Home -> Law Blog Directory -> International Law Blogs -> Misleading Advertising Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
International Law
: Misleading Advertising LawCan eBay reverse Court loss to LVMH?
Image via Wikipedia
My post was about the legal hurdles there were in finding a third party who could both serve as a gatekeeper and protect the seller's privacy.
Roger Parloff notes that there is another angle to this case:
Joseph Berghammer, an intellectual property practitioner in Chicago, says that if the LVMH case were just about counterfeiting, he thinks it would settle.There are ways to safeguard Internet commerce, he says -- for instance, through the use of third-party services that verify the authenticity of products being offered for sale -- that both eBay and luxury good sellers might be willing to live with.
But to the extent that Louis Vuitton is insisting on restricting sales to traditional, authorized distribution channels, says Berghammer, "then there will be no settlement."
I am not sure about this. This strategic problem strikes me as similar to the problem of providing AIDS drugs to poor countries who cannot afford to pay for them.
The drug companies worried that the countries would become resellers and cut into their profit margin. It turned out to be false. Reselling was not a problem, and the drug companies were able to maintain their profit margin.
I suspect this is the same concern that the luxury brand manufacturers are concerned about.
So, it would be better for them to devise a tracking system to figure just how prevalent the problem is before assuming that they can protect their distribution channel by banning all the grey channels.
Full post as published by Misleading Advertising Law on July 09, 2008 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
Reverse Mortgages
Consumer facts
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
Stock Splits and Reverse Stock Splits
How splits can affect stock value
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Ebay Fined
French Court Sets Fine at $61 Million
Plane Crashes
alleging loss of life, debilitating injuries, loss of income, traumatic stress.
Helicopter Crashes
alleging loss of life, debilitating injuries, loss of income, traumatic stress.
Slimbionic, SlimDemand
Botanical Weight Loss, and One Weight Loss Pills Recalled
eBay and PayPal Inc
Class Action Settlement Preliminarily Approved
Buy it Now
eBay Inc. to pay MercExchange $30 million patent infringement settlement.

eBay scrambles to reverse loss in LVMH case
EBay Ordered to Pay LVMH $61 Million for Counterfeit Goods
LVMH wins €40m fight with eBay over fakes
Nations Torn over eBay Liability in Fake-Goods Cases








