Should Tiffany go after ebay sellers after they lost the Lawsuit against Ebay?

Question

Let's say if Tiffany takes action to go after and sue a few sellers on ebay who are selling fake tiffany products. The chance of having these sellers convicted is pretty high since Tiffany would hire good lawyers.

By doing so they can 'kill a monkey and scare the chicken', after these sellers are convicted, media will spread the news quickly, that will let other sellers know that by selling fake stuff on ebay they can go to prison.

Would that work?

If it will, why Tiffany don't do it?

Answer 1

Hi,

Tiffany have done it previously as cited here: "Tiffany notified eBay of more than 284,000 listings it believed were counterfeits, and most were removed by the auction site under a partnership it runs with brand owners, according to court records."

I think they just got fed up with eBay not solving the situation further. After all "Tiffany originally filed the trademark lawsuit against eBay in 2004 after conducting a study that found a majority of items bought on eBay under the Tiffany's brand were fakes."

Imagine yourself - you know that most of your stuff selling on eBay is fakes, you report it but still nothing changes? You can't realistically brign charges against thousands of sellers, and you think it would be easy for them to take legal actions against some Asian seller? That might be the main issue...

Robby

Answer 2

Tiffany should go after the sellers, but they have their reasons if they don't.