Steve Madden Sues eBay Over Fake Watch Sales
Fashion footwear retailer Steve Madden is suing eBay over fake watches on the auction site.
The shoemaker alleges that another company has been selling counterfeits on eBay that are wrongly labeled as "Steve Madden" watches. Madden, which is suing for trademark infringement, says it has never marketed or licensed watches. The company alleges that it only learned of the fakes on eBay after customers complained about defective watches.
The retailer says it unsuccessfully asked eBay to delete all listings for Steve Madden watches. "EBay, for its own convenience and profit, has failed to take any steps to police the eBay auction site to the detriment of Madden," the lawsuit alleges. The case was filed Tuesday in federal district court in Manhattan.
Last year, eBay prevailed in a similar lawsuit brought by jeweler Tiffany. In that case, U.S. District Court Judge Richard Sullivan in New York rejected Tiffany's assertion that eBay did not do enough to thwart counterfeiters.
Tiffany had wanted eBay to take steps to prohibit sellers from listing five or more Tiffany items, but eBay said it need not prevent people from selling goods that could be legitimate. eBay also said it immediately removed counterfeits once it had reason to know they were fake.
Sullivan, who presided over a trial in the case, ruled that eBay's practice of removing items in response to notices from Tiffany was sufficient to ward off liability. The 2nd Circuit Court of Appeals is currently considering Tiffany's appeal in the case.
But Madden might have a stronger case against eBay because the shoe retailer allegedly told eBay that all "Steve Madden" watches are counterfeit. In the Tiffany situation, at least some of the jewelry was genuine.
Trademark lawyer Martin Schwimmer says this distinction could result in a different outcome. "Here, Steve Madden is in a position to say that 100% of all Steve Madden watches are infringing," he says. Also, he says, eBay might have been able to easily police its site by screening for Steve Madden watches.
0 comments on "Steve Madden Sues eBay Over Fake Watch Sales".
Leave a Comment
Recent Online Media Daily Articles
-
Weather.com Develops Real-Time Data Ad Targeting May 17, 5:12 p.m.
Weather.com has begun using audience segmentation data from Lotame to develop real-time ad targeting services based ... -
MetroPCS Drops Challenge To Neutrality Rules May 17, 4:44 p.m.
T-Mobile's newly acquired MetroPCS withdrew its challenge to the Federal Communications Commission's net neutrality rules on ... -
'Geo-Conquesting' Drives Higher Mobile Click Rates May 17, 3:56 p.m.
The practice of conquesting -- running advertising for a brand or product near editorial content about ... -
Cox-Backed, Skyword Raises $6.7 Million To Enhance Content Creation May 17, 3:34 p.m.
Internet services and utilities will rely more on content as the industry matures. Shereta Williams, vice ... -
Ford, Jeep, Chevy Top Digital Auto Brands May 17, 1:09 p.m.
On the digital proving track, Detroit is beating out the competition. Ford, Jeep and Chevrolet were ... -
Choosing Sides: VivaKi Backs comScore; ABC Throws In With Nielsen May 17, 9:52 a.m.
In a battle to control the future of the ad industry’s currency, Nielsen and comScore each ... -
Yahoo Adds Tweets To News Feed May 16, 6:18 p.m.
Yahoo will incorporate selected tweets into the news feed on its redesigned home page through a ... -
Mozilla Puts Cookie-Blocking On Hold May 16, 6:16 p.m.
Mozilla is putting the brakes on plans to block third-party cookies by default in the upcoming ... -
Mobile Ad Results In Line With Rich Media May 16, 5:39 p.m.
Mobile display ads perform roughly on par with rich media ads in terms of click-through and ... -
Google Plans To Transition Brands Into Content-Driven Advertising May 16, 4:30 p.m.
Google wants technology to "step out of the way" as developers integrate it into everyday life. ...
Fakes are not just sold on ebay. They have their very own sites and throngs of people selling them on streets, flea markets and small stores, etc. This problem not only exists in the US, but all over the world. Around a tourist areas, it is especially thick with handbags, watches and more literally in your face. So why is this such just an ebay problem? This is also not just a sales problem; it is a buyers' moral problem and that's the rub.