<![CDATA[TulipTools Internet Business Owners and Online Sellers Community - Class Action and other Lawsuits, VERO Complaints]]> https://community.tuliptools.com/ Thu, 14 May 2026 07:14:06 +0000 MyBB <![CDATA[An eBay VeRO Primer]]> https://community.tuliptools.com/thread-11527.html Tue, 09 Dec 2008 04:18:07 -0500 mandy]]> https://community.tuliptools.com/thread-11527.html Quote:How can VeRO be fixed? Mr. Pilutik has some suggestions"

    "eBay similarly lacks any incentive to protect its sellers.  As a result of its virtual monopoly on the online auction market,  sellers have few alternatives to eBay’s sizeable market and are forced to sue the complaining rights holder if they wish to reinstate their listings.  eBay punishes sellers who have had listings removed under the VeRO Program, and it has scant oversight in place to rectify wrongful listing removals at the hands of overzealous rights owners.
     
    This inequity could be cured legally in one of two ways: eBay could modify its VeRO Program to account for the due process it owes its selling community,  or Congress could enact a safe-harbor provision for online service providers under the Lanham Act similar to section 512 of the DMCA"...
full article: http://www.myblogutopia.com/2008/12/ebay...ke-me.html]]> Quote:How can VeRO be fixed? Mr. Pilutik has some suggestions"

    "eBay similarly lacks any incentive to protect its sellers.  As a result of its virtual monopoly on the online auction market,  sellers have few alternatives to eBay’s sizeable market and are forced to sue the complaining rights holder if they wish to reinstate their listings.  eBay punishes sellers who have had listings removed under the VeRO Program, and it has scant oversight in place to rectify wrongful listing removals at the hands of overzealous rights owners.
     
    This inequity could be cured legally in one of two ways: eBay could modify its VeRO Program to account for the due process it owes its selling community,  or Congress could enact a safe-harbor provision for online service providers under the Lanham Act similar to section 512 of the DMCA"...
full article: http://www.myblogutopia.com/2008/12/ebay...ke-me.html]]> <![CDATA[Software Industry Trade Group SIIA May Sue eBay Over Counterfeits]]> https://community.tuliptools.com/thread-10973.html Mon, 28 Jul 2008 04:08:17 -0400 mandy]]> https://community.tuliptools.com/thread-10973.html Quote:A software industry trade group said Friday it could sue eBay (NSDQ: EBAY) for failing to do enough to prevent the sale of pirated software on the online auction site.

The Software & Information Industry Association said eBay has refused to take several steps recommended by the group to help reduce sales of illegal software. Despite a few years of discussions, eBay refuses to do more than just take down auctions of software that the SIIA has identified as pirated.

"Once notified, they will do something," Keith Kuperschmid, senior VP of intellectual property policy and enforcement for SIIA, told InformationWeek. "What they won't do is what we consider pre-emptory, proactive measures."

Those measures include placing a notification in the buyer feedback section that the seller has had pirated items removed from the site; penalize sellers of illegal software, even if it's their first offense; and develop technology to try to find repeat offenders who use multiple identities on eBay...
full article: http://www.informationweek.com/news/inte...=209601138]]> Quote:A software industry trade group said Friday it could sue eBay (NSDQ: EBAY) for failing to do enough to prevent the sale of pirated software on the online auction site.

The Software & Information Industry Association said eBay has refused to take several steps recommended by the group to help reduce sales of illegal software. Despite a few years of discussions, eBay refuses to do more than just take down auctions of software that the SIIA has identified as pirated.

"Once notified, they will do something," Keith Kuperschmid, senior VP of intellectual property policy and enforcement for SIIA, told InformationWeek. "What they won't do is what we consider pre-emptory, proactive measures."

Those measures include placing a notification in the buyer feedback section that the seller has had pirated items removed from the site; penalize sellers of illegal software, even if it's their first offense; and develop technology to try to find repeat offenders who use multiple identities on eBay...
full article: http://www.informationweek.com/news/inte...=209601138]]> <![CDATA[UK Baby Buggy Makers Seek Ban On eBay Sales]]> https://community.tuliptools.com/thread-10853.html Sun, 06 Jul 2008 08:38:08 -0400 mandy]]> https://community.tuliptools.com/thread-10853.html Quote:Two of Britain's most popular baby buggy brands have joined the front line in the growing global battle between retailers and eBay, the internet auction site.

Maclaren and Bugaboo, which together supply just over a third of the pushchairs sold in the UK, are trying to stop new pushchairs being sold through eBay shops for a fixed price.

They will be followed by Mamas & Papas, which accounts for another third of the market. It will introduce a strict internet sales policy from September making it almost impossible for independent retailers to sell its products on eBay...
full article: http://business.timesonline.co.uk/tol/bu...258334.ece

TechDirt commentary:

Quote:...a bunch of baby stroller companies in the UK are pushing hard to stop retailers from selling their legitimately purchased products on eBay. Effectively, they're trying to put EULAs on baby strollers suggesting that the retailer buyers don't actually have the right to resell what they've legally purchased. Not only is this questionable from a legal standpoint, it's dumb from a business standpoint. A healthy secondary market for products increases the value of the product itself, since buyers intrinsically recognize the potential resale market in determining the value of purchasing the original....

full article and comments: http://business.timesonline.co.uk/tol/bu...258334.ece]]> Quote:Two of Britain's most popular baby buggy brands have joined the front line in the growing global battle between retailers and eBay, the internet auction site.

Maclaren and Bugaboo, which together supply just over a third of the pushchairs sold in the UK, are trying to stop new pushchairs being sold through eBay shops for a fixed price.

They will be followed by Mamas & Papas, which accounts for another third of the market. It will introduce a strict internet sales policy from September making it almost impossible for independent retailers to sell its products on eBay...
full article: http://business.timesonline.co.uk/tol/bu...258334.ece

TechDirt commentary:

Quote:...a bunch of baby stroller companies in the UK are pushing hard to stop retailers from selling their legitimately purchased products on eBay. Effectively, they're trying to put EULAs on baby strollers suggesting that the retailer buyers don't actually have the right to resell what they've legally purchased. Not only is this questionable from a legal standpoint, it's dumb from a business standpoint. A healthy secondary market for products increases the value of the product itself, since buyers intrinsically recognize the potential resale market in determining the value of purchasing the original....

full article and comments: http://business.timesonline.co.uk/tol/bu...258334.ece]]> <![CDATA[City of Chicago Sues eBay and StubHub Over Taxes]]> https://community.tuliptools.com/thread-10669.html Wed, 21 May 2008 06:51:34 -0400 mandy]]> https://community.tuliptools.com/thread-10669.html Quote:The city of Chicago is suing eBay and its subsidiary StubHub for failing to collect city amusement taxes on concert and sporting event tickets sold through the Web sites.

Chicago's amusement tax ordinance includes Internet sites that resell tickets, but eBay, which bought StubHub last year, says the 8 percent tax does not apply to it...
full article: http://biz.yahoo.com/ap/080520/ebay_chic....html?.v=3]]> Quote:The city of Chicago is suing eBay and its subsidiary StubHub for failing to collect city amusement taxes on concert and sporting event tickets sold through the Web sites.

Chicago's amusement tax ordinance includes Internet sites that resell tickets, but eBay, which bought StubHub last year, says the 8 percent tax does not apply to it...
full article: http://biz.yahoo.com/ap/080520/ebay_chic....html?.v=3]]> <![CDATA[eBay Live Auctions Hit By Shill Bidding, Antitrust Lawsuits]]> https://community.tuliptools.com/thread-10376.html Thu, 20 Mar 2008 04:53:08 -0400 mandy]]> https://community.tuliptools.com/thread-10376.html Quote:eBay (EBAY) now has its hands full with two lawsuits aimed at the eBay Live Auction platform. One eBay Live Auction seller is suing eBay for affording an unfair competitive advantage to another eBay Live Auction seller who's being sued (along with eBay in an unrelated lawsuit) for allegedly shill bidding on the platform...

Now it appears that Hot Jewelry Auctions, which operates under the eBay user names of Paramount-Auctions, Jewelry-Overstock-Auctions and WJoutlet has been sued for shill bidding on eBay Live Auctions.

In a separate matter, Windsor Auctions, Inc. operating under the eBay user name WindsorAuctions-USA has sued eBay under federal antitrust laws and California's anti-competition laws...
full article: http://seekingalpha.com/article/68994-eb...ition-laws

more:

Quote:Windsor Auctions' lawsuit against eBay alleges that a competitor within the jewelry category (on the eBay Live Auction platform), utilizes the auction end time duration tool to batch upload listings into eBay Live, thus gaining an unfair competitive edge by way flowing listings through eBay core on an hourly basis. One reader likened the use of the auction end time duration tool to that of the auction extender tool, which allowed regular eBay users the ability to extend their auctions if their listing received no bids...

full article: http://seekingalpha.com/article/69162-mo...ainst-ebay]]> Quote:eBay (EBAY) now has its hands full with two lawsuits aimed at the eBay Live Auction platform. One eBay Live Auction seller is suing eBay for affording an unfair competitive advantage to another eBay Live Auction seller who's being sued (along with eBay in an unrelated lawsuit) for allegedly shill bidding on the platform...

Now it appears that Hot Jewelry Auctions, which operates under the eBay user names of Paramount-Auctions, Jewelry-Overstock-Auctions and WJoutlet has been sued for shill bidding on eBay Live Auctions.

In a separate matter, Windsor Auctions, Inc. operating under the eBay user name WindsorAuctions-USA has sued eBay under federal antitrust laws and California's anti-competition laws...
full article: http://seekingalpha.com/article/68994-eb...ition-laws

more:

Quote:Windsor Auctions' lawsuit against eBay alleges that a competitor within the jewelry category (on the eBay Live Auction platform), utilizes the auction end time duration tool to batch upload listings into eBay Live, thus gaining an unfair competitive edge by way flowing listings through eBay core on an hourly basis. One reader likened the use of the auction end time duration tool to that of the auction extender tool, which allowed regular eBay users the ability to extend their auctions if their listing received no bids...

full article: http://seekingalpha.com/article/69162-mo...ainst-ebay]]> <![CDATA[VERO: eBay Sues Company for Frivolous DMCA Takedowns]]> https://community.tuliptools.com/thread-10013.html Sun, 06 Jan 2008 07:02:13 -0500 mandy]]> https://community.tuliptools.com/thread-10013.html Quote:A while back I wrote about a case in which an eBay seller sued a company called Innovate! Technology for wrongly invoking the Digital Millennium Copyright Act to cancel his eBay auctions. Although the company claimed that the eBay sales infringed its intellectual property rights, its real complaint was that the sales did not comply with its minimum pricing policy. In other words, the company claimed that its intellectual property rights were violated because its products were priced too low.

Innovate Technology! responded to the suit with what seems to have been a huge tactical blunder: it impleaded eBay, asserting that, if it were held liable to the eBay seller, it would be entitled to indemnification from the auction company. Probably not a good move. eBay generally stays out of DMCA disputes and simply follows the DMCA's statutory takedown provisions, which provide it with immunity from damages. But it could not ignore a lawsuit, and yesterday filed an answer and counterclaim against Innovate! for abuse of the DMCA process, seeking damages, attorneys' fees, and an injunction prohibiting Innovate! from filing any more DMCA notices...
full article: http://pubcit.typepad.com/clpblog/2008/0...es-ba.html]]> Quote:A while back I wrote about a case in which an eBay seller sued a company called Innovate! Technology for wrongly invoking the Digital Millennium Copyright Act to cancel his eBay auctions. Although the company claimed that the eBay sales infringed its intellectual property rights, its real complaint was that the sales did not comply with its minimum pricing policy. In other words, the company claimed that its intellectual property rights were violated because its products were priced too low.

Innovate Technology! responded to the suit with what seems to have been a huge tactical blunder: it impleaded eBay, asserting that, if it were held liable to the eBay seller, it would be entitled to indemnification from the auction company. Probably not a good move. eBay generally stays out of DMCA disputes and simply follows the DMCA's statutory takedown provisions, which provide it with immunity from damages. But it could not ignore a lawsuit, and yesterday filed an answer and counterclaim against Innovate! for abuse of the DMCA process, seeking damages, attorneys' fees, and an injunction prohibiting Innovate! from filing any more DMCA notices...
full article: http://pubcit.typepad.com/clpblog/2008/0...es-ba.html]]> <![CDATA[California Retailer Sues eBay and eBay Seller for Trademark Infringement]]> https://community.tuliptools.com/thread-9869.html Sun, 09 Dec 2007 07:03:54 -0500 mandy]]> https://community.tuliptools.com/thread-9869.html Quote:A California retailer that sells miniature furniture and home accessories is suing online auction site eBay Inc. for refusing to take down auctions that it claims infringe on its trademark.

Hansson Inc. in Santa Clara, Calif., filed the lawsuit late last month against eBay and an eBay seller in Atlantic City that it claims has been selling miniature furniture on the auction site under the Hansson name since Aug. 1, 2004...

Hansson claims that since Aug. 30, 2007, it has sent eBay eight takedown notices as well as one cease-and0desist letter, but the auction company has not responded. In order to get eBay's attention, Hansson decided to sue for contributory trademark infringement, according to court documents...
full article: http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9051738

more:

Quote:2) What is the appropriate legal standard for eBay's liability? This is a big open question mark in Cyberlaw. 230 doesn't apply by its terms to federal trademark claims, and 512 only applies to copyright. eBay might be able to claim the innocent printer/publisher defense in 15 USC 1114(2), although Hansson has alleged that eBay has the requisite scienter to negate "innocence." So at the moment, eBay's risk of contributory liability may be governed by the common law of contributory trademark liability, and we really don't have many good/illustrative precedents for how this applies to a platform like eBay's. We're closely watching the Tiffany v. eBay lawsuit in NY, which is an analogous lawsuit, but we don't have any useful precedent from that yet. So should eBay be liable if they actually received notice of infringement and failed to take down the noticed auctions? Perhaps...

full article: http://blog.ericgoldman.org/archives/200..._for_n.htm
copy of the lawsuit: http://claranet.scu.edu/tempfiles/tmp357...plaint.pdf]]> Quote:A California retailer that sells miniature furniture and home accessories is suing online auction site eBay Inc. for refusing to take down auctions that it claims infringe on its trademark.

Hansson Inc. in Santa Clara, Calif., filed the lawsuit late last month against eBay and an eBay seller in Atlantic City that it claims has been selling miniature furniture on the auction site under the Hansson name since Aug. 1, 2004...

Hansson claims that since Aug. 30, 2007, it has sent eBay eight takedown notices as well as one cease-and0desist letter, but the auction company has not responded. In order to get eBay's attention, Hansson decided to sue for contributory trademark infringement, according to court documents...
full article: http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9051738

more:

Quote:2) What is the appropriate legal standard for eBay's liability? This is a big open question mark in Cyberlaw. 230 doesn't apply by its terms to federal trademark claims, and 512 only applies to copyright. eBay might be able to claim the innocent printer/publisher defense in 15 USC 1114(2), although Hansson has alleged that eBay has the requisite scienter to negate "innocence." So at the moment, eBay's risk of contributory liability may be governed by the common law of contributory trademark liability, and we really don't have many good/illustrative precedents for how this applies to a platform like eBay's. We're closely watching the Tiffany v. eBay lawsuit in NY, which is an analogous lawsuit, but we don't have any useful precedent from that yet. So should eBay be liable if they actually received notice of infringement and failed to take down the noticed auctions? Perhaps...

full article: http://blog.ericgoldman.org/archives/200..._for_n.htm
copy of the lawsuit: http://claranet.scu.edu/tempfiles/tmp357...plaint.pdf]]> <![CDATA[eBay Seller Sues Autodesk for $10 Million]]> https://community.tuliptools.com/thread-9190.html Fri, 14 Sep 2007 10:07:03 -0400 Kristijntje]]> https://community.tuliptools.com/thread-9190.html Quote:A lawsuit has been filed in Federal Court (US District Court for the Western Washington District C07-1189 JLR) that alleges Autodesk, Inc maker of the industry standard AutoCAD software and their attorney Andrew S. Mackay have devised an illegal scheme to have used copies of their software removed from the eBay site using the Digital Millennium Copyright Act...
full article: http://aecnews.com/news/2007/09/10/2377.aspx]]> Quote:A lawsuit has been filed in Federal Court (US District Court for the Western Washington District C07-1189 JLR) that alleges Autodesk, Inc maker of the industry standard AutoCAD software and their attorney Andrew S. Mackay have devised an illegal scheme to have used copies of their software removed from the eBay site using the Digital Millennium Copyright Act...
full article: http://aecnews.com/news/2007/09/10/2377.aspx]]> <![CDATA[eBay sued by seller for failing to give the full duration of auction listings]]> https://community.tuliptools.com/thread-8698.html Tue, 24 Jul 2007 04:03:29 -0400 mandy]]> https://community.tuliptools.com/thread-8698.html Quote:Michael Ewert filed a class-action lawsuit against eBay in April for allegedly failing to give him the full duration for his auction listings. The complaint states that eBay represents that customers can select an eBay auction to last for a specific period of time and that the auction will begin when submitted, but alleges that in reality, "customers routinely receive less auction time than they paid and selected."

Attorney David Fish wrote about it on his blog, reporting that the lawsuit alleges eBay violated a number of laws, including the California Auction Act by making misrepresentations in conducting its auctioneering business. Fish writes, "The lawsuit seeks a number of remedies, including a "$1,000 per Class member civil penalty", which comes out to over 1 billion dollars in damages if one does the math. -that's a lot, even for Ebay."...
full article: http://www.auctionbytes.com/cab/abn/y07/m07/i24/s02
more here: http://fishlawfirm.com/blog/2007/07/04/b...s-sellers/
copy of the complaint: http://fishlawfirm.com/blog/wp-content/u...plaint.pdf]]> Quote:Michael Ewert filed a class-action lawsuit against eBay in April for allegedly failing to give him the full duration for his auction listings. The complaint states that eBay represents that customers can select an eBay auction to last for a specific period of time and that the auction will begin when submitted, but alleges that in reality, "customers routinely receive less auction time than they paid and selected."

Attorney David Fish wrote about it on his blog, reporting that the lawsuit alleges eBay violated a number of laws, including the California Auction Act by making misrepresentations in conducting its auctioneering business. Fish writes, "The lawsuit seeks a number of remedies, including a "$1,000 per Class member civil penalty", which comes out to over 1 billion dollars in damages if one does the math. -that's a lot, even for Ebay."...
full article: http://www.auctionbytes.com/cab/abn/y07/m07/i24/s02
more here: http://fishlawfirm.com/blog/2007/07/04/b...s-sellers/
copy of the complaint: http://fishlawfirm.com/blog/wp-content/u...plaint.pdf]]> <![CDATA[Companies Claim Right to Take Down eBay Auctions for Charging Too Little]]> https://community.tuliptools.com/thread-8671.html Thu, 19 Jul 2007 05:55:49 -0400 mandy]]> https://community.tuliptools.com/thread-8671.html Quote:I predicted here that companies would soon rely on the Supreme Court’s decision in Leegin Creative Leather Products v. PSKS to justify interfering with competition from less expensive products sold online. It did not take long for that prediction to come true. Although interference with eBay sales is nothing new (see here and here), companies in two recently filed federal cases explicitly invoke Leegin as a justification for terminating the eBay auctions of competitors that charge lower prices online. These cases not only show Leegin’s likely effect on Internet sales, but are also, unfortunately, fairly typical examples of the sort of anticompetitive actions companies take to fight lower-priced competition online...
full article: http://pubcit.typepad.com/clpblog/2007/0...-ebay.html]]> Quote:I predicted here that companies would soon rely on the Supreme Court’s decision in Leegin Creative Leather Products v. PSKS to justify interfering with competition from less expensive products sold online. It did not take long for that prediction to come true. Although interference with eBay sales is nothing new (see here and here), companies in two recently filed federal cases explicitly invoke Leegin as a justification for terminating the eBay auctions of competitors that charge lower prices online. These cases not only show Leegin’s likely effect on Internet sales, but are also, unfortunately, fairly typical examples of the sort of anticompetitive actions companies take to fight lower-priced competition online...
full article: http://pubcit.typepad.com/clpblog/2007/0...-ebay.html]]> <![CDATA[Unfair Takedowns: vendors abuse EBay's Verified Rights Owner (VeRO) program]]> https://community.tuliptools.com/thread-8312.html Wed, 13 Jun 2007 06:29:33 -0400 mandy]]> https://community.tuliptools.com/thread-8312.html Quote:We've had quite a few stories here (see "Embroidery Piracy and EBay/PayPal Privacy" for example) about abuses of the power EBay's Verified Rights Owner (VeRO) programs gives vendors to arbitrarily take down auctions. But while most of those stories have involved takedowns over alleged copyright infringement, one reader's recent experience suggests that trademark claims might be an area where the abuses are even more troubling.

"I recently listed some Don Ed Hardy T-shirts and hats on EBay," the reader wrote. "Within four hours they were all taken down, and within eight hours my EBay account was suspended. I received an e-mail from EBay saying they had been taken down because VeRO member 'Nervous Tattoo, Inc., dba Don Ed Hardy,' had claimed that my items were counterfeit."...
full article: http://weblog.infoworld.com/gripeline/ar..._take.html]]> Quote:We've had quite a few stories here (see "Embroidery Piracy and EBay/PayPal Privacy" for example) about abuses of the power EBay's Verified Rights Owner (VeRO) programs gives vendors to arbitrarily take down auctions. But while most of those stories have involved takedowns over alleged copyright infringement, one reader's recent experience suggests that trademark claims might be an area where the abuses are even more troubling.

"I recently listed some Don Ed Hardy T-shirts and hats on EBay," the reader wrote. "Within four hours they were all taken down, and within eight hours my EBay account was suspended. I received an e-mail from EBay saying they had been taken down because VeRO member 'Nervous Tattoo, Inc., dba Don Ed Hardy,' had claimed that my items were counterfeit."...
full article: http://weblog.infoworld.com/gripeline/ar..._take.html]]> <![CDATA[A pair of Antitrust Lawsuits filed against eBay]]> https://community.tuliptools.com/thread-7933.html Sat, 05 May 2007 03:51:29 -0400 mandy]]> https://community.tuliptools.com/thread-7933.html Quote:Two antitrust lawsuits were filed against eBay in April 2007...

Malone's lawsuit alleges that eBay "utilizes its nationwide monopoly of the on-line auction market to monopolize the available forms of payment that sellers can use on eBay."

eBay restricts which payment methods its sellers advertise in listings and bans sellers from accepting cash, wire transfer services like Western Union, as well as several competing products, including Google Checkout...

The second class-action complaint was filed by Ann Farmer and Todd Van Pelt on April 23, 2007. That lawsuit alleges that eBay possesses monopoly power in the online auction market, estimating it controls over 90 percent of the market in part due to the "network effect."

The complaint goes on to cite eBay's alleged anti-competitive activities, saying the company acquires its competitors; forces sellers to use PayPal; and blocks competitor Google from online auctions...
full article: http://www.auctionbytes.com/cab/abn/y07/m05/i04/s02

contact info for the 2 law firms: http://blog.auctionbytes.com/cgi-bin/blo...96265.html]]> Quote:Two antitrust lawsuits were filed against eBay in April 2007...

Malone's lawsuit alleges that eBay "utilizes its nationwide monopoly of the on-line auction market to monopolize the available forms of payment that sellers can use on eBay."

eBay restricts which payment methods its sellers advertise in listings and bans sellers from accepting cash, wire transfer services like Western Union, as well as several competing products, including Google Checkout...

The second class-action complaint was filed by Ann Farmer and Todd Van Pelt on April 23, 2007. That lawsuit alleges that eBay possesses monopoly power in the online auction market, estimating it controls over 90 percent of the market in part due to the "network effect."

The complaint goes on to cite eBay's alleged anti-competitive activities, saying the company acquires its competitors; forces sellers to use PayPal; and blocks competitor Google from online auctions...
full article: http://www.auctionbytes.com/cab/abn/y07/m05/i04/s02

contact info for the 2 law firms: http://blog.auctionbytes.com/cgi-bin/blo...96265.html]]> <![CDATA[Ticketmaster sues eBay and StubHub]]> https://community.tuliptools.com/thread-7748.html Fri, 20 Apr 2007 03:36:05 -0400 mandy]]> https://community.tuliptools.com/thread-7748.html Quote:The world's largest ticket retailer, Ticketmaster, has sued eBay Inc. and its StubHub subsidiary, alleging that the online auction leader violated the company's contractual rights...

The suit filed by Ticketmaster, a subsidiary of IAC/InterActiveCorp., said eBay's StubHub is currently selling "official premium tickets" to an upcoming concert, which violates the ticket retailer's exclusive rights to sell tickets to events at the venues on tour...

The company is seeking all of StubHub's revenue from the "Rowdy Frynds" tour, in addition to punitive damages and a permanent injunction preventing future business practices that violate the company's contractual rights...
full article: http://money.cnn.com/2007/04/19/news/com...ster_ebay/]]> Quote:The world's largest ticket retailer, Ticketmaster, has sued eBay Inc. and its StubHub subsidiary, alleging that the online auction leader violated the company's contractual rights...

The suit filed by Ticketmaster, a subsidiary of IAC/InterActiveCorp., said eBay's StubHub is currently selling "official premium tickets" to an upcoming concert, which violates the ticket retailer's exclusive rights to sell tickets to events at the venues on tour...

The company is seeking all of StubHub's revenue from the "Rowdy Frynds" tour, in addition to punitive damages and a permanent injunction preventing future business practices that violate the company's contractual rights...
full article: http://money.cnn.com/2007/04/19/news/com...ster_ebay/]]> <![CDATA[Judge Rules Contact Insufficient to Sue eBay Seller]]> https://community.tuliptools.com/thread-7251.html Wed, 07 Mar 2007 05:00:43 -0500 mandy]]> https://community.tuliptools.com/thread-7251.html Quote:In a case of apparent first impression, a Staten Island, N.Y., judge has ruled that a single eBay transaction between a New York buyer and an out-of-state seller is insufficient to establish personal jurisdiction in a breach of contract action.

One sale, "without more, does not constitute sufficient purposeful availment to satisfy the minimum contacts necessary to justify summoning across state lines, to a New York court, the seller of an allegedly non-conforming good," Richmond County Civil Court Judge Philip S. Straniere held in Sayeedi v. Walser, 10610/06...
full article: http://www.law.com/jsp/article.jsp?id=1173175402839]]> Quote:In a case of apparent first impression, a Staten Island, N.Y., judge has ruled that a single eBay transaction between a New York buyer and an out-of-state seller is insufficient to establish personal jurisdiction in a breach of contract action.

One sale, "without more, does not constitute sufficient purposeful availment to satisfy the minimum contacts necessary to justify summoning across state lines, to a New York court, the seller of an allegedly non-conforming good," Richmond County Civil Court Judge Philip S. Straniere held in Sayeedi v. Walser, 10610/06...
full article: http://www.law.com/jsp/article.jsp?id=1173175402839]]> <![CDATA[Harry Potter sues eBay over pirated books, court orders eBay to police auctions]]> https://community.tuliptools.com/thread-6911.html Mon, 26 Feb 2007 04:57:40 -0500 mandy]]> https://community.tuliptools.com/thread-6911.html Quote:In fiction his enemies are evil wizards and magical beasts, but Harry Potter’s latest adversary is a real corporation with a turnover of more than £2 billion.

J. K. Rowling, Harry’s creator, is suing the online auction hosting service eBay after unscrupulous sellers used the Indian version of the website to sell unauthorised versions of her books.

Rowling is not the first person to sue the website for breach of copyright, but she has won a unique victory by obtaining an injunction that prohibits eBay from listing illegal copies of her work. The court order is a setback for eBay because it is the first time the company has been obliged to police its sellers’ auctions for copyrighted material...
full article: http://www.timesonline.co.uk/tol/news/uk...437673.ece]]> Quote:In fiction his enemies are evil wizards and magical beasts, but Harry Potter’s latest adversary is a real corporation with a turnover of more than £2 billion.

J. K. Rowling, Harry’s creator, is suing the online auction hosting service eBay after unscrupulous sellers used the Indian version of the website to sell unauthorised versions of her books.

Rowling is not the first person to sue the website for breach of copyright, but she has won a unique victory by obtaining an injunction that prohibits eBay from listing illegal copies of her work. The court order is a setback for eBay because it is the first time the company has been obliged to police its sellers’ auctions for copyrighted material...
full article: http://www.timesonline.co.uk/tol/news/uk...437673.ece]]>