Online sales and trademarks - better controls

[*Brum6y*]

What's the big deal?.... Trademarks are worth money. It is as simple as that.

When someone has invested a lot of time and money in building up a reputation - a reputation that attracts buyers and/or commands premium prices - they are going to want to protect it.  When that reputation is encapsulated in a Trademark, the trademark makes for immediate recognition by purchasers ... and the protection of it becomes paramount.

Some trademark holders do not want their products to appear on a platform like eBay - because simply being seen there devalues their reputation, while others may not object to their products being sold there - but are, quite understandably, peeved when their trademark is hijacked to push fakes.

One difficulty in this situation is where the site administration receives complaints about products claimed as fakes. Is this a genuine complaint or a rival seller making waves? Does the complainant have the expertise to accurately determine that a product on offer is a fake?  Dealing with such reports varies from site to site (eBay and Oztion for example) but invariably seem to be completely reactive and somewhat inadequate.

What I might suggest as an option - for any platform administered by a third party - such as eBay, Oztion, Etsy, etc. is this:
 1. eBay (or whoever) sets up a register of sellers who wish to offer trademark protected goods
 2. Sellers apply to holders of the trademark(s) for approval to advertise the protected goods
 3. This approval is recorded on eBay's register
 4. An icon is constructed in two parts - One being a platform identifying template and the second specifying the registered trademark
 5. Any seller who displays this icon and is NOT on the register can have the listing pulled immediately it is reported.

How practical this might be I am not sure - but I believe the principle has some merit.


Here are a couple of examples of the idea. (Excuse the graphics - it is just a quick mock-up)

     

Please note: I have used the above trademarks as examples only. No approval has been given for the use of either, but they have been selected because they are well known brands that have had dealings with eBay on this very issue.

[low-enghooi]

Yep an excellent idea workable on ebay platform or any site with significant traffic.

May not be feasible for startup or smaller site struggling for traffic.

[*CountessA*]

It's a workable idea that won't be implemented by eBay, I think. They don't admit there's a problem; ergo, offering them a solution is likely to be as graciously accepted as a fat-losing pill to a slender woman...!

[low-enghooi]

Well, yes. Ebay could do anything they feel like because they have the traffic.

My question is, if the trademark holder doesn't take action, why should ebay worry?

[lacey]

Great idea Brum6y but, I doubt whether ebay would even look at your proposal.  They make too much money out of the selling of fakes.

I honestly think, ebay should be held as an equal in accountabilty    ( well I know what I mean) for letting stolen and fake goods be sold on their site.  They are huge enough to be able to track it and if they don't have enough staff, get some more.

I find it amazing that they can get away with so much.

[tellomon]

eBay paid-off the Law to look the other way.

word

[callostemma]

Send your idea to Oztion  Quicksales.    The community is more vocal and the admin does listen(sometimes).

[bnwt]

chanel and LVMH would never allow in a billion trillion quadgillion years badges like that be used on eBay or other low rent auction site

they don't their brands to be even seen on eBay

that is what all the law suites have been about

[*Brum6y*]

It was more the concept I wanted to present, rather than any implication about those particular brands.

However, as others have pointed out, while eBay is able to chalk up some fees, it will duck and weave around any responsibility.