Handbag DMCA Takedown

My wife bought a Kate Spade bag at the Spade boutique in Chicago about a year ago.

As part of our mass sell-off, I put this bag on Ebay. The auction ended at $79. A few hours later, myself and everyone who bid on the bag received a note from Ebay saying the auction had been pulled at the request of Kate Spade, LLC.

I emailed Kate Spade the following:

This bag was purchased at a KATE SPADE BOUTIQUE and is authentic.

Please reverse this decision immediately.

To which I received this response:

The auction was closed because the handbag was purported to be counterfeit. Selling counterfeit Kate Spade merchandise is a state and federal crime, a violation of Kate Spade's federally registered trademark rights, and a violation of the eBay User Agreement.

If you feel we are mistaken, please forward pictures, particularly of the outside label, country of origin label, hardware and the pattern or design, and we will review your claim.

So, when Kate Spade, or any other manufacturer, tells Ebay they think an item is counterfeit, Ebay not only delists the item, but also emails everyone who bid on that item, essentially claiming that:

1. The item you were bidding on is fake
2. The person you are dealing with is untrustwrothy.

If I was a manufacturer, I would challenege every single item I possibly could, just to help eliminate the secondary market for my goods and drive people into my stores.

This is the handbag equivalent of a DMCA takedown. Absolutely insane.

I've put pictures up here.

PS - If you think this sort of behavior sucks, email Dave Althoff, the person who organized this takedown, and let him know what you think.

Posted by pmk at October 9, 2003 3:34 PM