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RICO Lawsuit against Ebay
R. Rex Parris law firm has filed claims in federal court against Ebay, PayPal, and numerous eBay sellers claiming the defendants knowingly and deliberately sell counterfeit and fake products on eBay.com.
Wonder if this will impact the number of fake cards on eBay. http://globenewswire.com/news-releas...-Products.html
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#2
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Uh, nothing about shill bidding?
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#3
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Product manufacturers have tried and failed with suits against eBay in the past. See Tiffany Inc. v. eBay Inc., 600 F.3d 93 (2d Cir. 2010). A French court hit eBay in 2008, but that's not the USA.
Parris's firm lists itself on ads and its web site as a personal injury firm.
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Read my blog; it will make all your dreams come true. https://adamstevenwarshaw.substack.com/ Or not... |
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Excuse my ignorance of the law Adam.... By personal injury lawyer do you mean frivolous lawsuit pursuer, ambulance chaser, etc? I would like for this case to have merit.
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#5
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merit
Or personal injury lawyer ( I am not one), as in somone you go to when you or somone you love is badly injured through the fault of somone else.
But if I thought I had a legitimate RICO case against eBay that might not be the type of attorney I would seek out. |
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I heard the lawsuit was also alleging racketeering.
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#7
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Quote:
Now you actually know. Larry Last edited by ls7plus; 08-25-2015 at 06:24 PM. |
#8
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Well....when they are informed time and time again with proof of a counterfeit item, and still allow that item to sell, they should be held responsible in some way. I recall a Gretzky auto patch in one instance where two dozen plus people had contacted ebay informing them that it was indeed a counterfeit patch in the card including dated photos of the serial numbered card. The now worthless card sold in excess of $4,000. Of course since you can no longer contact buyers this poor guy now has a worthless counterfeit card and is out 4 grand. Of course that is just 1 example. The contenders rookie of Tannehill, Luck, RG3, and Russel Wilson are all over too. Sure the sellers should bear the main responsibility, but when the marketplace Ebay is informed they too IMO should bear responsibility. Not a lawyer just an opinion.
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#9
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Quote:
Tiffany’s primary argument was that eBay was a contributory infringer because it continued to supply its services to the sellers of counterfeit Tiffany goods while knowing or having reason to know that such sellers were infringing Tiffany’s mark. Tiffany argued that eBay knew, or at least had reason to know, that counterfeit Tiffany goods were being sold far and wide on its website based upon the significant pre-litigation record of communications between the parties regarding the issue. It was not disputed that eBay was aware that some counterfeit Tiffany merchandise, as well as some legitimate Tiffany merchandise, was sold on its site. The issue became whether eBay’s generalized knowledge of trademark infringement on its website was to be construed as knowledge or constructive knowledge of the infringing activity sufficient to support a claim for contributory trademark infringement. The Second Circuit found it was not and determined that for contributory trademark infringement liability to lie, a service provider must have more than a general knowledge or reason to know that its service is being used to sell counterfeit goods. Some contemporary knowledge of which particular listings are infringing or will infringe in the future is necessary for liability to attach. Tiffany could not demonstrate that eBay was supplying its service to individuals who it knew or had reason to know were selling counterfeit Tiffany goods. The factual record established that in each instance where Tiffany gave eBay notice that certain sellers had been selling counterfeits, those sellers’ listings were removed and repeat offenders were suspended from the eBay site. The Court declined to find that eBay was liable for the trademark infringement of other non-terminated sellers of whom Tiffany had not provided notice to eBay.
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#10
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I can guess we can get ready for the new "My item is a counterfeit and I don't have to return it now" option from the Ebay robots.
from the posted article: Quote:
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