Is Coach's efforts against counterfeit illegal if items are real.

[2ndhandeverything]

I have received 7 day suspension for trademark infringement on coach purse. This is my second violation. The first involved 2 Coach purses that were removed. This time 1. I have a friend who will remain nameless ( because Coach doesn't authenticate) who works at the outlet in Nashville who verified two of the three were authentic. Yes one was counterfeit. I now run the all by her after the first listing was removed. Now the other one has been removed and have been restricted all though authentic. Is all this Coach policing against the first sale doctrine (slapp) if I am selling authentic especially since this has happened to many people on here who are receiving the same harrasment. I understand looking out for counterfeit but it seems more likely it's because we aren't liscensed retatilers. Any help would be appreciated thanks

[bonjourami]

i just put the link because another poster mentioned that Ebay didnt have a purse authentication service..I havent heard anything that their experts were selling fakes..is that true? Ive never used their serivce..I have several Coach's, and i love them, they wear like iron and stay beautiful for years..its all about quality.

[missjen831]

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@bonjourami wrote:

i just put the link because another poster mentioned that Ebay didnt have a purse authentication service..I havent heard anything that their experts were selling fakes..is that true? Ive never used their serivce..I have several Coach's, and i love them, they wear like iron and stay beautiful for years..its all about quality.

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I believe they were saying that ebay doesn't have an officially approved authenticator that sellers/buyers can use independently & that ebay will accept their word. They do have the authentication service and there are numerous threads where its credibility is questioned because of the authenticators past history. I can't find any of the links, maybe the threads were erased. One was on the fashion board. Anyway I only mentioned it because even going through ebay, it doesn't guarantee the bag is real 🙂

edited to add--found one of the threads https://community.ebay.com/t5/Fashion/Apparently-ebayauthenticate-is-up-and-running/m-p/27623314

[chrysylys]

A.  Yes, Coach (and many other brands) are manipulating the market.  They don't want their stuff sold here.  By anyone.  Real or not.

B.  Forget about the 'Fashion Board'.  Nothing but other amateur opinions that would not stand up in court.

C.  How is it that you have so many to sell?  One, two, maybe three probably would never have caught their attention.  More and they begin to wonder about your sources and their credibility.  And how is it that you're selling supposedly higher end designer items for $30 or so?

D.  Forget about any form of amateur 'authentication', including the 'Fashion Board'

.

[bonjourami]

Yes I do remember that thread..but that was a valet sale, right?

[missjen831]

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@bonjourami wrote:

Yes I do remember that thread..but that was a valet sale, right?

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No that thread is about the service. Looks like the seller is the one with the shady past and the authenticators are unknown and not any of the actual industry experts....

[bonjourami]

Ah..I see.

[2ndhandeverything]

I don't have a lot to sell. I've only posted maybe 10 or 12 since my start on eBay. Only 6-7 have been coach. 3 of those  have been flagged. I can post cheap because we have friends and family who buy higher end stuff.  We also come across at auctions, estate sales, and secondhand stores. 

[myangelandmyprincess]

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@missjen831 wrote:

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@bonjourami wrote:

i just put the link because another poster mentioned that Ebay didnt have a purse authentication service..I havent heard anything that their experts were selling fakes..is that true? Ive never used their serivce..I have several Coach's, and i love them, they wear like iron and stay beautiful for years..its all about quality.

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I believe they were saying that ebay doesn't have an officially approved authenticator that sellers/buyers can use independently & that ebay will accept their word. They do have the authentication service and there are numerous threads where its credibility is questioned because of the authenticators past history. I can't find any of the links, maybe the threads were erased. One was on the fashion board. Anyway I only mentioned it because even going through ebay, it doesn't guarantee the bag is real 🙂

edited to add--found one of the threads https://community.ebay.com/t5/Fashion/Apparently-ebayauthenticate-is-up-and-running/m-p/27623314

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Yes that is what I was saying.  

[myangelandmyprincess]

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@chrysylys wrote:

A.  Yes, Coach (and many other brands) are manipulating the market.  They don't want their stuff sold here.  By anyone.  Real or not.

B.  Forget about the 'Fashion Board'.  Nothing but other amateur opinions that would not stand up in court.

C.  How is it that you have so many to sell?  One, two, maybe three probably would never have caught their attention.  More and they begin to wonder about your sources and their credibility.  And how is it that you're selling supposedly higher end designer items for $30 or so?

D.  Forget about any form of amateur 'authentication', including the 'Fashion Board'

.

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There are very knowledgeable people on the fashion board.  The main point in asking there first is to avoid wasting money on an authentication service if they can definitely say it’s not authentic 

[albertabrightalberta]

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@2ndhandeverything wrote:

I have received 7 day suspension for trademark infringement on coach purse. This is my second violation. The first involved 2 Coach purses that were removed. This time 1. I have a friend who will remain nameless ( because Coach doesn't authenticate) who works at the outlet in Nashville who verified two of the three were authentic. Yes one was counterfeit. I now run the all by her after the first listing was removed. Now the other one has been removed and have been restricted all though authentic. Is all this Coach policing against the first sale doctrine (slapp) if I am selling authentic especially since this has happened to many people on here who are receiving the same harrasment. I understand looking out for counterfeit but it seems more likely it's because we aren't liscensed retatilers. Any help would be appreciated thanks

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@2ndhandeverything

It was mentioned that you can post your pictures on the fashion board and get an opinion from those who know Coach on that board. While it's just "an opinion" when posted on the boards, that "opinion" can tell you if it's worth it to spend the money on a professional authentication. As was pointed out, if the item is an obvious fake, you can save the money you would have spent on the pro. 

That said, I did a bit of googling of your ID and Coach. Although I wasn't able to find much, I did find a listing entitled "Coach Patchwork Hobo Handbag Purse #10808." 

Is that one of your listings that got removed? Is that one of the bags your friend who worked at Coach "authenticated?"

I recommend you post on the fashion board. 

[wamegun]

How is it that you have so many to sell?

My husband likes to say "How is it that you need another one?". 😀😀

[thallidguy]

As to the question in your thread title, I don't know of any criminal laws that Coach would be violating if they have a listing for an authentic item taken down. My best guess is that it would be a matter for the civil courts, if someone wanted to push back.

I don't know if anyone has ever challenged a trademark holder's right to restrict sales to authorized resellers. The practice is so common, that I would assume it has a legal basis. But I don't know for sure. I do know that many high-end brands caution that the only way to be sure that you're getting an authentic item is to buy from an authorized reseller, so my guess is that they could argue that it's all part of defending their intellectual property rights.

[the*dog*ate*my*tablecloth]

I think the posters on the Fashion Board provide an invaluable FREE service. They have collected and sold Coach for decades and know what they're talking about. They are the first line in getting a purse authenticated and a broken account fixed up. I recommend them every week. They are awesome volunteers and will tell you whether it is worth getting an authentication done.

Unfortunately if you know you listed a counterfeit, it will be an uphill climb to be ever allowed to sell designer goods. 

[laughingravy21]

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@thallidguy wrote:

As to the question in your thread title, I don't know of any criminal laws that Coach would be violating if they have a listing for an authentic item taken down. My best guess is that it would be a matter for the civil courts, if someone wanted to push back.

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One can, and plenty have.  They have no legal basis to take down an authentic, legally acquired, item.  More than a few major brands try to cast a broad net with the belief that most sellers won't go after them because they're too big.  But it's been known to happen and they've been known to pay damages.

[luckythewinner]

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@2ndhandeverything wrote:

This is my second violation. The first involved 2 Coach purses that were removed. This time 1. Yes one was counterfeit.

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Didn't read any further.