From the WSJ Law Blog:
A French court today cracked down on counterfeits â€” and an outlet that sells them â€” ordering eBay to pay Louis Vuitton and other luxury brands â€” Kenzo, Guerlain, Dior and Givenchy â€” $63.1 million in damages for auctioning fake goods. Hereâ€™s the early story from WSJ. . . .
â€œI was really surprised by the number,â€ J. Michael Huget, the head of IP at Butzel Long, told the Law Blog. â€œThereâ€™s definitely a hometown flavor to it. I donâ€™t know how you get there on a disgorgement of profit basis, unless thereâ€™s some unique penalty provision that exists under French law. But even with that, itâ€™s not like itâ€™s a company thatâ€™s gone over there and hurt people. You donâ€™t want to discount the value of a brand, but thatâ€™d be a huge number even in our system.â€
Well, unless there’s some, like, Frenchie legal reason for it, yeah? I’d run that down. Genuine expertise demonstrated by Butzel Long, and crack reporting there by the WSJ! I blame the reporter more than I do Michael Huget. Wouldn’t want to have to dial another number and risk finding out that law part.
On the other hand… “itâ€™s not like itâ€™s a company thatâ€™s gone over there and hurt people”? Oh, is that the test, then, given what we… know? … about French law? Remember, Michael, what our teeny dollars look like to Europeans!
Oh, all right. It does sound like a huge number. Yet on the other hand — hometown-wise, frankly I couldn’t blame the French (yes, I did just write that) for getting the impression that there’s only one way to get eBay’s attention?
Having said all that — this is actually really troubling:
As for perfumer-plaintiffs Kenzo, Guerlain, Dior and Givenchy, the judge ruled that, even though the perfumes sold by eBay were legitimate, the company was liable for unauthorized sales. LVMH strictly limits their distribution to authorized dealers such as perfume chains and department stores.
Oh no. No!!!!!! Now what do I do?!
(Jaunty beret-tip to Marty.)