eBay Seller Sues Coach Over VeRO

Woman says handbag designer unfairly accused her of trademark infringement.

by Auctiva.com staff writer
- Feb 10, 2011

An eBay seller in Seattle filed a class-action lawsuit against luxury brand Coach, accusing the handbag designer of violating the Consumer Protection Act.

Gina Kim says Coach unfairly accused her of trademark infringement after she posted several used handbags for sale on eBay.

Kim, a former Coach employee, says she received a cease-and-desist letter from the company shortly after her items hit the auction site, in which they accuse her of selling fake goods. In the letter, Kim says officials also asked her to pay $300 to prevent legal action, according to news reports.

Kim added that eBay also closed her account at Coach's request.

Kim's attorney, Jay Carlson, says that Coach officials failed to thoroughly investigate Kim's items, and that the purses are genuine. He says the investigation was "so slip-shot" that Coach officials didn't know Kim was a former Coach employee.

In the suit, Kim says Coach has sent similar letters to other eBay sellers without thoroughly investigating their items as well.

Under eBay's Verified Rights Owner (VeRO) policy, the site will, at the request of brand owners, cancel listings believed to infringe on trademarks.


11 Comments

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11  
this lot didnt even have gerber ebay stoppedall my auctions my pictures my words exactly below 40 PIECE LOT GIRLS 3-6 Month outfits Carters Baby Phat The listing was removed because it violated eBay policy. The rights owner or an agent authorized to act on behalf of the rights owner, Gerber Childrenswear LLC, notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.

  Posted by pdunn1975 at 7/25/2011 1:58:25 PM
10  
I had someone file on me recently that she had not received in Russia. She had not left very many red feedbacks. But reading feedback she left for others she had been refunded 13 times in LESS than a month which does not even include the ones you filed on but did not advertise in feedbacks. I wrote her and said, I find it awfully strange that 13 refunds which you advertise in your feedback in less than one month, that has to be a record. Needless to say the next day claim was DROPPED!! And she left good feedback (shocked me). I then called ebay and mentioned ALL of the refunds that she advert

  Posted by lookandbuyme at 3/10/2011 5:56:00 PM
9  
itsasimplelife: It is true that ebay did not build its business with these ethics... but it also did not build its business with the CEO that they have in place, which I'm assuming is the source for most of our woes... I'm with you guys, the first place that comes along and wants me, I'm there. I've already opened an Auctiva Commerce store with success. We sell there roughly the same amount that we sell on ebay, but the fees are usually somewhere around $50 a month, versus the $500-600 that we pay ebay... That hurts... REALLY hurts. I dread doing taxes, and adding up our ebay/paypal fees for

  Posted by Delinda - PH Customs at 3/10/2011 10:55:00 AM
8  
I, too, have had problems with eBay regarding this issue...I would expect that Coach should be flattered that there is still such a high demand for their vintage handbags. Instead, there is an all-out endeavor to stop those who cannot afford to own one of their magnificent products at new retail cost to enjoy owning one at at an entry level by purchasing a pre-owned one. As for eBay, they are really trying to self-destruct. I don't hear anyone speaking well of them. It seems to me that we are all looking for a different selling venue. As soon as someone comes along who wants us, we'll all be g

  Posted by itsasimplelife at 2/27/2011 2:55:00 PM
7  
I absolutely agree with Smugglersblues. I have encountered the same problems with Ebay and their lack of care for the sellers. Every time I express a concern to them I get the response "without buyers we wouldn't have sellers" Well if we are not selling, there is nothing to buy! The feedback and whole DSR rating system is so flawed it is not even funny. Feedback is such an integral part of being a seller, yet buyers either do not leave it or threaten you with negative unless you bend over backwards and sideways for them, BUT they do not have to follow your listing policies regarding payment or

  Posted by timbershome at 2/27/2011 2:24:00 PM

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About the Author

Auctiva staff writers constantly monitor trends and best practices of those selling on eBay and elsewhere online. They attend relevant training seminars and trade shows and regularly discuss the market with PowerSellers and other market experts.

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