SEPTEMBER 2008
eBay under fire from brand owners
Trade mark enforcement on the internet remains a muddy issue, as demonstrated by four cases involving the online auction site eBay in three different jurisdictions
| Advice from a brand protection specialist |
Alina Halloran is vice president, online brand protection for OpSec Security, a company that provides anti-counterfeiting technologies, services and programmes to governments and companies. Halloran told Managing IP that brand owners, online retailers and consumers all need to take a proactive approach to online counterfeiting:
Have you noticed any hesitation on the part of brand owners to sell their goods online since the recent eBay rulings?
I don't think they're hesitant because e-commerce is continuing to grow even with the economic downturn. I think they're just concerned that products are flowing through the right distribution channels and that legitimate product is reaching the consumer.
What's your view on the various eBay verdicts?
I think there's still need for clarity in terms of where the liability should be placed. I don't think the legal system has yet caught up with the internet. Brand owners and companies like eBay need to work proactively, and brand owners need to understand and educate the general public about what to look for. We're a long way from coming to a final understanding, especially because the internet is a moving, changing, living thing.
What can consumers do to avoid buying counterfeits online?
It isn't always so easy to tell, but consumers should understand what the product they're buying is supposed to look like. Do your homework: study the colour and the pricing. If it's too cheap, that's one sign [that it may be fake]. These days though, it's not as easy to tell because counterfeiters are more sophisticated and they're not going to draw attention by listing the products too cheaply. Research the product, go to the manufacturer's website and buy directly from the manufacturer's website if possible or from one of the listed authorized retailers. |
Four rulings delivered by EU and US courts in the past two months demonstrate inconsistency regarding eBay's responsibility for policing counterfeit products sold through its online auction site. The first of these decisions was a boost for brand owners, but the two most recent have maintained that online retailers such as eBay should not bear the brunt of monitoring counterfeit goods. The confusion signals potential chaos at a time when consumers are engaging in e-commerce ever more frequently, to take advantage of online bargains and avoid soaring fuel prices.
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