Buyer Beware - eBay Is Not Liable For Fakes

In a recent decision a federal judge has ruled that eBay, is not responsible for fake items being sold through the companies web site, The ruling states that eBay was not responsible for fake Tiffany items that were sold and later determined to be fakes. With this ruling it is buyer beware for purchases made through the online auction company. A recent news article stated:

Tiffany had sued eBay over the sale of counterfeit jewelry on eBay’s sites.

U.S. District Judge Richard J. Sullivan in New York said in a Monday ruling that eBay can’t be held liable for trademark infringement “based solely on their generalized knowledge that trademark infringement might be occurring on their Web sites.”

Sullivan’s ruling came in response to a lawsuit filed in 2004, in which the jeweler alleged that most items listed on eBay as genuine Tiffany products were fakes. The company said it had asked eBay to remove counterfeit listings, but the sales continued.

What is surprising is that eBay has thrown out some 50,000 sellers in 2007 alone. So it is a buyer beware market anytime you order from a eBay seller. Don’t get me wrong. There are a lot of honest sellers available through eBay. I would recommend using the built in ratings that eBay provides for each seller as a way of judging whether a seller is honest or not.

What has your experience been with buying/selling on eBay?

Comments welcome.

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