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A French court today ordered online auction giant eBay to pay more than $60 million in damages to the luxury goods company LVMH.
One might be suspicious of walking into a store in France and seeing Louis Vitton bags for 50% of their normal retail price, as retailers are responsible for not selling counterfeit items. This anti-counterfeit lawyer asks why shouldn’t eBay face the same liabilities? But eBay has long argued that it’s not a traditional retailer, and just a website where buyers and sellers interact. The company has resisted the idea that it’s responsible for sales of counterfeit items. eBay does have an anti-fraud company where companies can choose to help eBay notice counterfeit item sales, and LVMH has chosen not to participate. This analyst says the ruling in France may force eBay to rethink the way it does business, especially in the luxury goods business. Not everyone thinks it will be impossible for eBay to find fakes and comply with anti-counterfeit laws. eBay has already lost another counterfeit case in Germany, and other cases are being brought against eBay in Europe and the US.