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Even better than the real thing? Not quite

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Published Date: 03 July 2008
THREE of my friends and my boyfriend all bought me the same album for my Christmas present one year: Britney Spears' Greatest Hits.
I was thoroughly hacked off.

It's not that they did any wrong, but being lumbered with an extra three duplicate CDs is just a waste.

So, with tighter return policies and no chance of returning them to the shop, I did the only thing I could –
I put them on eBay. They were my property, after all. And I could do anything I wanted with them. Right?

Wrong. Well, at least in France. According to a French court judgement earlier this week, while I could still pass my unwanted goods on to a friend, family member or even throw it in the bin, it might just be illegal to sell it on eBay. Or indeed any other internet site. And it might even be illegal to give it to a charity shop too.

In a court case involving online auctioneer eBay this week, the court backed Louis Vuitton Moet Henessay's argument that a luxury goods company must have the right to select its own distribution network, or the value of its brands may well be undermined. And that control should extend to average Joe Bloggs like you or me, selling our unwanted presents on the internet.

With LVMH getting away with it, it could open the floodgates against selling other goods – including CDs.

The French luxury goods group, which owns more than 50 brands including Christian Dior, Marc Jacobs, Fendi, Tag Heuer and Louis Vuitton, may have won £31.5 million in damages from eBay for the sales of fake handbags, perfumes and fashions, but according to eBay, the ruling would also extend to second-hand products.

So our bored-of items, designer fashions that are now too small or perfumes you've tired of would be banned. Kind of leaves a bad taste in the mouth of consumers, doesn't it? Especially as, if we part with our own hard-earned cash, then surely we have the right to decide what we do with our own property.

Furthermore, doesn't that harm our choice as consumers, all in the name of protecting what could be deemed as uncompetitive commercial practices?

LVMH insist that this specific ruling is purely eBay spin and that the judgement merely related to the resale of new products sold by bulk wholesalers. If true, you can kind of see their point. Kind of.

Counterfeiting is a serious problem – especially on the internet. As a designer lover on a high street budget I've purchased many an item from eBay, and I have to say the majority of the time my goodies have sadly been fakes. Good fakes – but fakes nonetheless.

While holidaying in Dubai two years ago, my friend and I paid the renowned Kamara shopping centre a visit. Behind many of the shop facades, through an Alice In Wonderland-style tiny door and up a set of stairs lay a treasure trove of "designer" bags. Bags that looked like the real thing but, upon touch and closer inspection, were clearly fakes. One seller tried to force a Chloe Paddington upon me for £150.

While the majority of us can never afford a luxury lifestyle, we can afford luxury experiences and tap into this lifestyle. It's that feel-good factor. Something not everyone else has on the street – unless it's fake, sold to unsuspecting punters.

Earlier this year in France, internet search engine operator Google was fined £200,000 over allegations it had provided links to sites that sold counterfeit versions of Louis Vuitton products. Now there's the eBay judgement.

If it is just about that then good on them. If it's also about the general public being unable to re-sell our own goods, then it's time such luxury brands got a grip.

For surely if LVMH can exercise some control over what we do with their goods, then we can exercise the same control over the money they receive from us.





Page 1 of 1

  • Last Updated: 03 July 2008 10:16 AM
  • Source: Edinburgh Evening News
  • Location: Edinburgh
  • Related Topics: Life and Style
 
1

badgers_are_my_friends,

Edinburgh 03/07/2008 13:06:14
Who would have guessed international luxury goods group Louis Vuitton Moet Hennessy (yup, that's HenneSSY) owned brands such as Louis Vuitton? I'm astounded!
2

Gastric Antral Vascular Ectasia,

03/07/2008 13:40:16
It was interesting -- actually it wasn't, but play along with me -- to hear Sarah refer to the "average Joe Bloggs". What other kinds of Joe Bloggs are there, I wonder?
3

hertscot,

03/07/2008 13:44:12
#2 I'll have you know I am an above average Bloggs!
4

Allan Retentive,

03/07/2008 13:51:42
"As a designer lover on a high street budget I've purchased many an item from eBay, and I have to say the majority of the time my goodies have sadly been fakes. Good fakes – but fakes nonetheless."

This is confusing. Either Sarah bought counterfeits knowing they were counterfeits - and that's akin to stealing from the company. Or she repeatedly gets stung on eBay. In which case she's a bit of a dimwit.

Which do you think it is? Audience - on your keypads...
5

Milo Spav,

03/07/2008 13:56:08
Allan - I think the clue to the question might be found in the first sentence of the article.

Still, it's comforting to think that Sarah believes she has three friends.
6

I love to eat Sellotape,

03/07/2008 14:06:14
Well, I think you're all being rather hard on this Sarah person.

Three people giving you the same CD for your birthday? It happened to me only last year, with "Pierce the Skull of Jesus" by Satanic Detritus.
7

Eugene Fraxby,

Having a Chloe Paddington forced upon me 03/07/2008 14:53:11
Marvellous stuff. I hadn't realised that French court judgements were binding in Scotland, so I've learned something today.

"For surely if LVMH can exercise some control over what we do with their goods, then we can exercise the same control over the money they receive from us."

This statement is a masterpiece of deductive reasoning. Aristotle would be proud. As I say, marvellous stuff.

8

Gastric Antral Vascular Ectasia,

03/07/2008 15:07:53
There's more, of course.

Is Sarah hacked off? No, she is "thoroughly hacked off". There's apparently a big difference. (Sometime, see if you can identify someone who is "thoroughly hacked off" as opposed to merely "hacked off".)

Is Sarah's cash precious to her? No, it is hard-earned, of course.

What is opened by the court decision? No, floodgates, inevitably.

Can one establish a connection with a lifestyle? No, it must be "tapped into".

And is that a stash of designer bags in Dubai? No, a "treasure-trove".

And so on, and so on, and so on, until you wish you were blind or had never learned to read. But hey, maybe I'm just an average Joe Bloggs.
9

,

03/07/2008 16:17:24
Comment Removed By Administrator
Reason:
10

So Happily Contented,

edin 02/08/2008 03:26:23
And Sarah, its Al Karama, not Kamara....

Good try though, love.

 

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