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Re: The wonders of eBay
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Posted on: 2010/12/10 2:58

Edited by Urulk on 2011/1/24 13:14:33
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Re: The wonders of eBay
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I don't think it does (Garm) come back to the old maxim; not when someone is sold something claiming to be, let's say signed in this case, when (knowingly) it is not. The courts (US in this case) may have ruled in their favour this time, but the caveat still (probably) stands "unless they had specific knowledge that particular items might be counterfeit." I think if a trademark holder informs eBay, & assuming the claim (of infringement) can be substantiated, then eBay are going to find it hard to justify doing nothing.

The problem is when the sale is not deliberately misleading, & the seller is unaware of the falsehood of their claims; particularly in the case of the general public selling things on a site like eBay. I don't think any of this has much to do with signed Tolkien items, as very few people could prove (legitimately) a signature is false. Personally I think the onus should normally fall on the seller, but this hardly seems practical or possible in these circumstances; how could anyone sell a signed item?

BH

Posted on: 2010/12/8 5:46
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Re: The wonders of eBay
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"A ruling in favour of Tiffany would have forced eBay to vet their listings, but two lower courts had previously sided with eBay, saying the online auctioneers couldn't be held liable unless they had specific knowledge that particular items might be counterfeit. But in a July 2008 ruling, a U.S. District Court said that ultimately it was the responsibility of the trademark holder to monitor instances of trademark infringement."

So, it looks as though it's up to the Estate to police this sort of thing. Or is it? Doesn't always come back to the old maxim, 'Buyer beware?'

Posted on: 2010/12/7 14:49


Re: The wonders of eBay
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Does not appear that ebay will be forced to deal with the fakes and frauds, at least not by the US Courts. No liability for ebay the ruling states.


http://www.antiquestradegazette.com:8 ... n=update&utm_content=ATG2

Posted on: 2010/12/7 14:16


Re: Map of Middle Earth 1970 1st Impression
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Hi Josh,

Congrats on buying the poster. I was the underbidder in that auction.

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=330500087621

In terms of retaining value, personally I would pay more for a poster in the original plastic than a framed one.

However, in terms of personal pleasure, it would obviously be nice to display it on a wall where it can be appreciated.

Just my 2 cents.

Posted on: 2010/12/7 14:13



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