eBay advert led to fine

Fashion eyewear house Silhouette has won more than
$300,000 in its battle against counterfeit internet sales after a group falsely claimed it was selling Silhouette manufactured products on eBay.
The preliminary injunction was brought before the US District Court in Manhattan, blocking false advertising of products under the Silhouette brand on May 17, 2004. Silhouette International Schmied and its US subsidiary, Silhouette Optical, sued Marina's Boutique Store, forbidding it from using any of the Silhouette trademarks in its offering of products on the internet. Marina's had been advertising eyewear on eBay, wrongly claiming that the products had been produced by the 50-year-old global brand.
The total award made to the eyewear company was $303,554 (157,477).
'This decision marks a successful attempt by Silhouette to make sure their loyal customers are not being defrauded,' said a spokesman for the company.
'Silhouette has started to aggressively pursue counterfeit sales both to protect its reputation as a European-based manufacturer of precision quality eyewear and to ensure its proper distribution through certified optical professionals. As prescription eyewear is a health-related product, sales over the internet potentially could deprive consumers of the necessary care that professional eyewear dispensers provide.'
Silhouette said it continued to work in conjunction with the eBay 'Verified Rights Owner' programme. Any person or company that holds intellectual property rights, such as a trademark, patent, or copyright, can become a VeRO programme member. It allows the member to shut down auctions identified as selling counterfeit items.
A statement by Silhouette warned: 'People who engage in this type of fraud not only profit illegally, but also tarnish the reputation of legitimate companies, especially when they are guilty of false advertising in addition to their deceptive sales.
'In the case of faux Silhouette eyewear, it is unlikely that any of the replicated products incorporate the extensive research, patented materials, and acute attention to detail and design that Silhouette invests in their eyewear.'