They did the deed, or filed le writ, in France, where their chances of success — based on the last few years of pro-mark-owner decisions, plus the creeping incoherence of U.S. jurisprudence on trademark use on the Internet — are far better. We’ve thought about this topic before (PDF), if I haven’t mentioned that lately, and as skeptical as I am of the use of trademark law as a way to control distribution channels, I believe this is a cause of action that can fly — mainly because the big stinker in online auctions of luxury goods is that most of them are counterfeits.
“Too big a market to police,” cries eBay — I’ve been in the room when they’ve said this. Ah, yes, perhaps — but not at those profit margins (link added January 23rd). He who creates the problem, and profits from the problem, and controls the technology that perpetuates the problem, is the one who should bear the cost of solving the problem.
UPDATE: Vuitton wins, eBay not so much.