Very unimpressed. eBay doesn't pull counterfeits & mac australia can't do anything.

stilluneek

stilluneek

Member
Hello all, just venting...having lost a considerable amount on fakes purchased previously, I'm now given to reporting 'obvious' counterfeits. I'm sick to death of searching through page after page of mac items and finding these fakes (there is no doubt), reporting to eBay and eBay ignore reports and allow auctions to end, I feel this is tantamount to them aiding and abetting the swindlers since they too reap the financial rewards of selling counterfeit goods.

I reported 22 items this week, items are due to end shortly...most with bids. I thought I'd ring Mac Australia to see what their procedure might be and was advised "Yes, we are well aware that this is happening and of course wish that it didn't. Legally we have no recourse to prevent this. The only situation that we 'may' be able to do anything is if they use our imaging and even then the burden of proof is difficult since the imaging is available to the public on the internet which is easily downloadable".

I then asked if there would be any action if in the description even the sellers are admitting to certain differences in packaging etc that clearly identify it as fake (ie the mirror/applicator/no name just colour, no name or colour just number etc)....their response "No unfortunately, we have no legal recourse".

I pointed out that by not taking measures or having a position on sellers & eBay knowingly selling fakes they themselves are doing an inservice to customers and potential customers...their response "We do not endorse sales on eBay, therefore its simply a matter of buyers beware and we have no moral, financial or legal obligations thereafter"

What a cop out..they knowingly permit sub-standard fakes to be sold with their copyrighted logo's. Ahhh, sooo disappointed...not for me, thankfully I'm more aware of how to spot fakes or request the right info to figure it out ahead of time but I feel so badly that others are out there getting ripped off all the time.
 
LadyLaundale

LadyLaundale

Well-known member
Quote:
Originally Posted by Brumbjorn
Ebay is being sued by Tiffany & Co in the US for profiting off of counterfiting. They are being sued in France (?) by Dior and in India by JK Rowling as well.

It's the parent company that owns Dior, which also owns Louis Vuitton that is suing Ebay on behalf of both brands.

"LVMH’s Louis Vuitton is claiming €20million while Dior Couture wants a further €17million in damages for fakes sold between 2001 and 2005. The company’s research apparently discovered that 90 percent of items sold under its labels on the site are fake. This type of suit is not totally foreign to eBay as it was slapped with a similar charge in 2004 by jewelers Tiffany’s. That suit has not yet been resolved. The argument centres around who is ultimately responsible for the fakes that are listed on eBay: is it eBay’s job to police the site and make sure counterfeit goods aren’t traded, or is it in the hands of the manufacturers to chase down the perpetrators who are taking their names in vain? EBay subscribes to the latter position."

It's a really interesting argument, one I, of course, hope the Brands win. However, it looks like it will be years of court battles before we ever see some sort of resolution. It would be nice to see MAC/Estee Lauder make an effort. But, they probably don't want to waste the money on attorney's fees.
 
ollieo

ollieo

Well-known member
Its all well and good to ignore until someone gets hurt. You cannot tell me that if someone looses an eye from a counterfeit item on eBay that eBay and Mac are not going to find themselves sued. It is only a matter of time. Kind of like MySpace saying they cannot stop convicted sexual offenders from joining up so they do nothing. Yet there was a whole show recently where someone was able to point out hundred or so on there that MySpace could have detected easily with very little effort.

I have horses and my lawyer said I had to make it really difficult for people to get to them. That a sign and one fence would 1. not stop people from getting to them and 2. they would still be able to sue me in court if they were hurt by my horses. I had to make it very difficult for someone to get to them. Like 2 rows of electric fences. That to win in court I would have to prove the person went way way out of their way to get into my pasture. Granted this is CT law. But this whole stance of standing behind "buyer beware" seems very loose to me.
 
bec

bec

Member
Re: Very unimpressed. eBay doesn't pull counterfeits & mac australia can't do anything.

after buying a fake 8 piece set (and successfully being refunded the entire purchase price, plus the cost of the return postage to the seller) annd being told that all the 8pieces are fake, I've taken to reporting all of them. None get pulled, none of the sellers are even investigated in the slightest I'm sure.
What's the point?

The seller I got mine from had the auctions temporarily pulled for a week but is back in business again.. :-/

And yep, all MAC will say is that they don't condone their products being sold on eBay and have nothing more to add to the matter.
 
astronaut

astronaut

Well-known member
Re: Very unimpressed. eBay doesn't pull counterfeits & mac australia can't do anything.

That really really sucks. I'm against ebay on this one. And I guess Urban Decay doesn't even want to deal with the issue because they won't even allow Urban Decay to be sold on ebay at all. Fake or not.
 
pumpkincat210

pumpkincat210

Well-known member
Quote:
Originally Posted by astronaut
That really really sucks. I'm against ebay on this one. And I guess Urban Decay doesn't even want to deal with the issue because they won't even allow Urban Decay to be sold on ebay at all. Fake or not.

I've bought Urban Decay on ebay recently...
 
MiCHiE

MiCHiE

Well-known member
Re: Very unimpressed. eBay doesn't pull counterfeits & mac australia can't do anything.

There's plenty of UD on ebay.
 
astronaut

astronaut

Well-known member
Re: Very unimpressed. eBay doesn't pull counterfeits & mac australia can't do anything.

They have to be from authorized sellers. If I bought some Urban Decay from sephora and resold on ebay, supposedly I'm not supposed to.

http://urbandecay.com/CustomerService.cfm#ebay_1

Policy on unauthorized re-sales of Urban Decay Cosmetics products on E-bay and elsewhere
There are a few businesses and individuals out there who are engaging in unauthorized re-sales of our products. These individuals and businesses can cause several problems. By selling our products without authorization, they can literally put lives at risk, and they harm the Urban Decay Cosmetics brand and reputation as a first quality cosmetics line. Like most major companies, Urban Decay Cosmetics controls product quality and safety by only permitting re-sales by authorized distributors and resellers, subject to comprehensive written agreements imposing quality control, manner of sale and various other requirements.

Urban Decay Cosmetics product warranties only apply when the purchaser has purchased Urban Decay products from an authorized seller. Because of the negative repercussions that unauthorized re-sales can have, Urban Decay Cosmetics has decided to intervene where appropriate. We regret the inconvenience to legitimate sellers and buyers of Urban Decay Cosmetics products. Urban Decay Cosmetics regularly contacts those who are engaging in unauthorized sales of its products and for those that do not respond, further action is and will continue to be taken, such as submitting complaints to e-bay or even legal action against the unauthorized sellers. We hope you will understand and apologize for any inconvenience.
Can I re-sell an item I purchased?
You cannot re-sell Urban Decay products bought by you because they were not sold to you for resale. They were sold to you as an end user customer. Our products can only be sold by authorized sellers, such as our distributors and retail store customers, who enter into agreements with us regarding quality control, use of our trademarks and various other concerns. Unauthorized sales infringe upon our trademarks and trade dress. We have the responsibility and the right to protect our intellectual property rights and we monitor sales on eBay and other retail venues to ensure that our intellectual property rights are not infringed. We have spent considerable time, money, and effort developing our products, reputation and goodwill through the marketing of our products. Sellers of unauthorized items who attempt to make money using the Urban Decay Cosmetics name, marks and product designs or the appearance of Urban Decay Cosmetics product designs, are attempting to transact business based on our acquired distinctiveness, goodwill and reputation.

Can I list the item if I don't use the Urban Decay Cosmetics name?
No. Urban Decay products have the brands and logos on the actual product packaging. Even if the item does not say Urban Decay Cosmetics or another name owned by Urban Decay Cosmetics, the distinctive look (trade dress) and design of the Urban Decay Cosmetics products may not be copied.

Why are others allowed to sell these items?
No one is allowed to sell copyrighted, trademarked or trade dress infringing items without a license from the manufacturer. While we make efforts to police the marketplace, some infringing items may be missed. You are not being singled out. All manufacturers and sellers of infringing items that Urban Decay Cosmetics is aware of or becomes aware of are put on notice of Urban Decay Cosmetics' intellectual property rights and pursued if they do not stop infringing.

What will happen if I re-list the item?
Firstly, you will be suspended from eBay. Secondly, if you do not obey the law and you re-list items, you may be seen as willfully breaking the law and you will subject yourself to civil and possibly criminal liability for your continued infringement and the consequences of your continued infringement. Urban Decay Cosmetics proactively protects its intellectual property rights.

I purchased the item legitimately, why can't I re-sell it?
As mentioned above, adulterated, unsafe, infringing products may at times be offered for sale by unauthorized sellers. The problem can compound itself with successive re-sales, and the purchasers may believe that the products are authentic and first quality, and that they carry Urban Decay Cosmetics product warranties when that is not the case. Urban Decay Cosmetics cannot warrant its products if it does not have any control about how and by whom they are sold and innocent purchasers may unknowingly buy adulterated, unsafe or infringing products.

What if I didn't know I couldn't list the item?
Ignorance of the law is not a defense or excuse to copyright and trademark or trade dress infringement. In any event, you know now. Continued unauthorized sales by you may result in legal action being brought against you to protect Urban Decay Cosmetics' rights.

How do I become a licensee of Urban Decay Cosmetics?
Please go to our Wholesalers section by clicking here and submit the form. Urban Decay Cosmetics will consider your request and qualifications, and will let you know whether it agrees to grant authorization to you for re-sale of Urban Decay Cosmetics products.
 
divaster

divaster

Well-known member
Hmm. That's interesting. I don't think it's really binding or anything. This topic comes up quite often on the Ebay boards, and I guess there is something called First Sale Doctrine which basically says that you can sell things that you purchased. The only time you will run into trouble is when you are selling fakes. Now if Urban Decay becomes a VERO member they can have fakes pulled, but they still should have no say over someone selling legit items they purchased. I know that Kate Spade is one and I report fake Kate Spade auctions all the time, sometimes to the KS company, most of the time to Ebay and if there is time they do remove them. I guess MAC can't be bothered to join that program, which makes me wonder if they really don't care at all.
 
JupiterRising

JupiterRising

Member
It's also common knowledge that fakes are seldom pulled on Ebay Australia, unlike Ebay US. This goes for designer bags and such, and seems to hold true for cosmetics.
 
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