Let me offer another perspective here, that of the Verified Rights Owner. I participate in EBay's VeRO program, where I have taken down hundreds of EBay auctions, and identified hundreds of sellers who I believe are mostly selling either stolen or counterfeit merchandise.
While EBay claims that its VeRO program provides a safe harbor, protecting it from the law-breaking activities of its sellers, EBay is in fact adversarial and uncooperative towards the VeRO rights owners who, in good faith and under possible penalty for perjury, report violations of copyright and trademark laws to EBAY.
If you are not as big and as profitable as Tiffany, EBay will simply ignore your claims of trademark violations, responding with endless form letters and "requests for more information" when you send them obvious evidence of trademark or copyright infringement.
I am often forced to send several increasingly threatening letters to get a copyright infringer taken down. EBay punishes its sellers when they copy from each other, but looks the other way when they copy from legitimate vendors with registered copyrights. It is difficult to get them to act promptly. They present endless stumbling blocks to safeguard their sellers. They never seem to sanction a seller for copyright violations, even after many repeated takedown notices.
In reply to: "Tiffany appeals ruling in eBay counterfeit listings case"
January 1, 2009
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