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WILL EBAY START PAYING ATTENTION TO COUNTERFEIT KNIVES?
DO YOU THINK IT WILL MAKE THEM CARE AT ALL???
Spyderco Suing eBay Over Counterfeits
Spyderco has filed a lawsuit against eBay, one of the largest eCommerce retailers in the world. The suit centers around the sale of fake Spyderco knives on eBay.com, and alleges five offenses including trademark infringement.
According to the complaint, filed in the US District Court of Colorado last week, Spyderco has tried to help eBay address the problem of counterfeit knives on the website since early 2009. “Spyderco has sent eBay more than 500 Notices of Claimed Infringement (“NOCI”) by at least 300 individual www.ebay.com registered sellers identifying thousands of Fake Spyderco Products.”
Spyderco contends that eBay ignored the claims and isn’t taking “the reasonable means” to halt services to sellers of counterfeit Spyderco knives. “eBay continues to allow www.ebay.com to be used by thousands of Unauthorized Sellers to advertise Fake Products that display unauthorized Spyderco trademarks that infringe on Spyderco’s Marks.”
The lawsuit alleges that eBay knowingly ignored the complaints of intellectual property infringement. “eBay cannot continue to enjoy the enormous profits derived from the proliferation of Fake Products sold on the eBay website if the unauthorized sellers are excluded from selling their counterfeit goods.” Spyderco says the ongoing presence of counterfeit Spyderco products in eBay listings causes confusion for consumers and damages Spyderco’s reputation.
The Counterfeit Report, an eCommerce watchdog founded by a former LAPD Officer, say major online retailers often do little to protect consumers. “Despite website policy, and repeated trademark infringement notifications, the sellers and items often remain,” they report. “Alarmingly, after being notified by manufacturers, Amazon and eBay do not tell deceived buyers that they may have received a counterfeit item, even if it’s dangerous or potentially deadly, like OTC drugs, auto suspension parts or exploding Apple USB chargers.”
Spyderco seeks reparations including $2,000,000 per counterfeit mark per type of goods or services sold, $500 per each deceptive trade practice committed by eBay, and punitive damages. The eBay lawsuit follows on the heels of the dismissal of Spyderco’s suit against Kittery Trading Post. Filed in December of last year, the complaint was dismissed on jurisdictional grounds and Spyderco has yet to take further action on the matter.
Tags: COUNTERFEITS, EBAY
Replies to This Discussion
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Permalink Reply by Ugly Old Guy on
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(A) eBay does not care if someone is selling fakes.
(B) eBay does not sell anything excecpt add space on their website.
eBay won all the other lawsuits of this type, because they are not the actual seller of the item.
eBay has no reason to clean house and get rid of the sellers selling fakes of anything. In fact, that would cut into their profits by getting rid of (my estimate) 89% of their sellers across the board.
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Permalink Reply by Ellis H. Roberson on
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Heck, Manx. Ebay doesn't know a counterfeit from the real thing... LOL.. They just ship it on!
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Permalink Reply by Jan Carter on
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Maybe Ebay should get the info on the sellers and add them to the suit. They could subpoena them now that the suit is filed
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Permalink Reply by Ms Data on
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In the past I have used eBay a lot for my older Buck fixed blades. I got one fake and luckily it was one that I didn't spend a lot of money on. Overall I have had a good experience in that endeavor. For knives that I know are wildly counterfeited, like Spyderco, I don't think I would use eBay for those knives. I have had issues with other items on eBay, for example I just purchased a maritime compass that will be a Christmas gift for my sister and it was advertised as an antique about 40 - 50 years old. I knew going in that the description was not accurate. I knew it was a newer model compass but I could tell from the pictures that the brass had a little corrosion and it appeared to be older - and I liked the patina so I bought it knowing I would need to take it apart and clean it up a little, and I will make a new base for it. There was another product that I was thinking about buying so I sent the seller a question and he never answered me, so no sale on that one. I guess my point is that if you are going to use eBay you can get some great stuff but you do have to be vigilant as a buyer also. With eBay the expression "buyer beware" means a lot. I don't know how this lawsuit will go, I know eBay will say it is not their responsibility to monitor what is being sold. We will see how it goes.
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eBay does not care what anyone sells on their site, so long as it is not restricted, like firearms or prescription drugs or narcotics.
I hope Spyderco wins this time. In previous cases, the Courts ruled in eBay's favor, stating eBay was not the seller of the items. (unfortunately, the Courts did not order eBay to discontinue service to those who sell the fakes. Which would be pointless, I suppose. The sellers would just start a new eBay account, if they did.)
Spydedco should have made it a Class Action Suit and gone after the individual sellers as well as eBay.
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Microtech Sues Online Retailer over Counterfeits
According to the complaint, filed this month in the U.S. District Court for Western Pennsylvania, Global Tactical Supply “has sold merchandise, and in particular knives, using the Microtech Trademark and other trademarks owned or assigned to Microtech.” Microtech’s complaint includes a screen capture of Global Tactical Supply’s website that depicts an OTF with the Screaming Eagle mark on the blade and the Microtech “M” on the clip described as “Carbon Fiber OTF Knife” by Global Tactical Supply.
“The counterfeit merchandise bearing [Microtech’s] registered marks sold by Defendant Global is neither manufactured nor approved by Microtech,” the suit alleges. The product in question no longer appears on the Global Tactical Supply website.
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Permalink Reply by Steve Scheuerman (Manx) on
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eBay Settles Spyderco Counterfeit Lawsuit
“eBay Inc. and Spyderco Inc. have amicably resolved, on confidential terms, the issues raised in Civil Action No. 17-cv-01751-KLM (D.Colo.),” Spyderco wrote in a statement after it withdrew its lawsuit against the eCommerce company.
In July, Spyderco sued eBay alleging that eBay didn’t take “the reasonable means” to halt services to sellers of counterfeit Spyderco knives. The lawsuit also claimed that eBay knowingly ignored complaints of intellectual property infringement and that the presence of counterfeit Spyderco products in eBay listings caused confusion for consumers and damaged Spyderco’s reputation.
This is at least the second counterfeit-related lawsuit that eBay settled this year. In June, they also came to terms with Irvine, CA-based phone accessory maker Wimo Labs, putting the August 2015 lawsuit to bed.
According to eCommerce watchdog The Counterfeit Report, though eBay is settling lawsuits it hasn’t changed its behavior. “The plaintiffs change, but the story remains the same – eBay won’t knock off the knockoffs on its websites,” they wrote. KnifeNews reached out to eBay, but the eCommerce giant wouldn’t comment on the settlement. In the past, eBay has justified its internal counterfeit screening practices and vowed to defend them in court.
Spyderco is also taking Kittery Trading Post owner Kevin Inc. to task for the sale of fake Spyderco knives. The knife company’s first filing in Colorado was dismissed for Lack of Personal Jurisdiction and Improper Venue, but in August Spyderco refiled in Kevin Inc.’s home state of Maine.
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According to eCommerce watchdog The Counterfeit Report, though eBay is settling lawsuits it hasn’t changed its behavior. “
Well isn't that special
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