11.30.09
The Paris Commercial Court has ruled in favor of Parfums Christian Dior, Givenchy, Guerlain and Kenzo, and subsequently has fined eBay for the unlawful marketing of Christian Dior, Kenzo, Givenchy and Guerlain perfumes.
Through the judgement, the Court has stated that unlawful advertisements using the brand names Christian Dior, Kenzo, Givenchy or Guerlain have continued to be posted on the eBay site. The court ordered eBay to pay penalties amounting to approximately $2.5 million.
This judgment follows a June 2008 ruling by the Paris Commercial Court which required eBay to stop French users from buying or selling authentic LVMH perfume products on any eBay site in the world.
Further to payment of damages, the Court ordered eBay to discontinue its illegal practices, according to a statement from LVMH.
This decision constitutes an important step in the fight against unlawful practices. Selective distribution ensures the security and quality of products for consumers. It generates numerous jobs and contributes to the ongoing worldwide success of European luxury goods brands, LVMH said ina Nov. 30 press release.
In responding to the court ruling, Alex von Schirmeister, general manager of eBay in France, said: "Today's outcome hurts consumers by preventing them from buying and selling authentic items online. The injunction is an abuse of 'selective distribution'. It effectively enforces restrictive distribution contracts, which is anti-competitive. We believe that the higher courts will overturn this ruling and ensure that eCommerce companies such as eBay will continue to provide a platform for buyers and sellers to trade authentic goods."
von Schirmeister also described the fine as disproportionate given that eBay complied with the injunction. It is out of step with our legal victories in France, UK, Germany, Belgium and the U.S."
Through the judgement, the Court has stated that unlawful advertisements using the brand names Christian Dior, Kenzo, Givenchy or Guerlain have continued to be posted on the eBay site. The court ordered eBay to pay penalties amounting to approximately $2.5 million.
This judgment follows a June 2008 ruling by the Paris Commercial Court which required eBay to stop French users from buying or selling authentic LVMH perfume products on any eBay site in the world.
Further to payment of damages, the Court ordered eBay to discontinue its illegal practices, according to a statement from LVMH.
This decision constitutes an important step in the fight against unlawful practices. Selective distribution ensures the security and quality of products for consumers. It generates numerous jobs and contributes to the ongoing worldwide success of European luxury goods brands, LVMH said ina Nov. 30 press release.
In responding to the court ruling, Alex von Schirmeister, general manager of eBay in France, said: "Today's outcome hurts consumers by preventing them from buying and selling authentic items online. The injunction is an abuse of 'selective distribution'. It effectively enforces restrictive distribution contracts, which is anti-competitive. We believe that the higher courts will overturn this ruling and ensure that eCommerce companies such as eBay will continue to provide a platform for buyers and sellers to trade authentic goods."
von Schirmeister also described the fine as disproportionate given that eBay complied with the injunction. It is out of step with our legal victories in France, UK, Germany, Belgium and the U.S."