eBay director and spokesperson Alexandre Menais was defiant following the ruling handed down by Paris' Tribunal de commerce yesterday. In addition to accusing LVMH of using the counterfeit trade issue as a smokescreen for anticompetitive behavior, when asked, Menais stated bluntly that eBay would continue selling LVMH branded products that were the subject of the dispute pending eBay's appeal. Menais' statement prompted a rebuke from Didier Malka, LVMH's attorney, who correctly pointed out that the ruling handed down on Monday, June 30 clearly states that the decision is to take effect immediately. (Source).
Perhaps it was the heat of the moment or perhaps Menais had not had a chance to confer with eBay's attorneys on the details of the court's ruling but at The Luxe Chronicles, we fail to see how eBay could continue to permit the trade in these products pending the appeal when the court has ordered l'execution provisoire or immediate execution. It's unclear whether eBay's attorney's had sought a stay or suspension of the ruling pending an appeal and were denied or intend to seek a stay in the context of their appeal filing. As it stands however, to continue permitting trade in the goods at issue would place eBay in a precarious position both with respect to an eventual appeal in this case as well as with respect to other lawsuits currently winding their way through the French legal system. This includes another suit brought by Louis Vuitton on similar grounds and one brought by French beauty conglomerate l'Oreal. There is also a closely watched challenge brought by French Commissaires-priseurs or auctioneers. Auctioneering is a highly regulated profession in France and French auctioneers contend that eBay should be subject to the same rigorous laws and regulations that govern their profession. (Source)
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