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Posted at September 5, 2006, 1:13 pm: Hi all, I thought I would share with you the following email exchange I have been having with Chanel. This should put to rest any lingering belief that vero members only cancel counterfeit items, or are responsible at all. The only changes I have made are to snip quoted previous emails and word-wrap. I have also been corresponding with ebay - trying to get them to investigate Chanel or ban them from the vero programme, with no luck so far. This was the first reply I got after sending three emails to Chanel and then only after I complained to eBay about not receiving a response and cc'd Chanel: ======================================== Dear Sir, As Chanel experts, we do not have to respond to such questions. However, should you believe that your product is an authentic Chanel product, please present detailed pictures of the goods directly on a new ebay auction, as to enable us to determine its authenticity. Yours sincerely, Yann Romé Juriste Propriété Industrielle Lutte Anti-Contrefaçon Intellectual Property Counsel Anti-counterfeiting ______________________ Chanel S.A.S. 135, avenue Charles de Gaulle 92200 Neuilly sur Seine France Tel : 33 (0)1 46 43 53 39 Fax : 33 (0)1 46 43 53 34 Email : yann.rome@chanel-corp.com ======================================== my reply: ======================================== Dear Mr Romé, Thank you for your response. As you may know, it is not permitted under eBays terms of service to relist an item once it has been removed, so I am including the full text of the advert below. There was also a photograph of the Chanel logo, however as you can see it was stated that this was not of the item for sale. As you can see there was no description of the item or photograph other than the statement that it was a Chanel item, so I am at a loss as to how you decided it must be counterfeit. While you have no obligation to respond, you may be liable for compensation for loss of business and damage to the sellers reputation if you falsely report auctioned items as counterfeit. If you agree that this was a simple mistake, please inform eBay you are retracting your complaint. regards, Tom Kelsey ------------------------------------ Mystery box of fashion items Suitable for women / older teen size 8-10 Contains at least one Chanel item and at least one other highly recognizable brand name item. Contains at least three fashion items. All brand new May contain items like a top, scarve or purse, who knows! RRP *at least* £40 (this is a very low estimate) This is one of the first mystery boxes I am selling so I am being generous with it to make sure you get a bargain! Who dares wins! Please see my other items to get a feel for what you can expect. I am so sure you will like it, that if you don't, for any reason *including* you don't think it was worth what you paid, you can return it for a full refund. The picture is just to illustrate the Chanel logo and is not necesarily of an item in the box -------------------------------------- ======================================== Chanels reply: ======================================== Dear Sir, It is impossible to ascertain that the good you offer on eBay is authentic and we thus believe that any "mystery" offer presented using our logo (for which authorisation of use has not been granted to you) should be deleted. We will thus not authorise this offer and automatically request its withdrawal. We remain at your attorney's disposal. Yours sincerely, Yann Romé Juriste Propriété Industrielle Lutte Anti-Contrefaçon Intellectual Property Counsel Anti-counterfeiting ======================================== I havent answered this yet, but i was thinking of sending the following, and also as a letter to their offices: ======================================== Dear Mr Romé, I have no obligation to require permission from you for use of the Chanel logo to designate the origin of the item, or to prove the item is authentic. I have no interest in whether you authorise my auctions or not. I have no interest in whether you think my auctions should be deleted for your benefit. Nominative use of the Chanel trademark with or without your authorisation is not illegal, nor infringing your IP rights. You have made the following statement (or equivalent) to eBay: I have a good faith belief that the listings identified below (by item number) offer items or contain materials that are not authorised by the IP Owner, its agent, or the law, and therefore infringe the IP Owner’s rights according to English law; and You have now admitted this statement was untrue, as it is impossible for you to say if the item infringes your rights or is an authorised use under English law. The facts of the matter are: 1 I made a listing of a Chanel item for sale. It is, by your own admission, impossible for you to tell if the item infringes your IP rights or is an authorised use under English trademark law. 2 You made following statement to eBay: I have a good faith belief that the listings identified below (by item number) offer items or contain materials that are not authorised by the IP Owner, its agent, or the law, and therefore infringe the IP Owner’s rights according to English law; and 3 This was an untrue statement, you were aware at the time it was untrue. 4 By your own admission, you made this statement as an attempt to punish me for using your trademark legally but without your permission, and as such it is a malicious lie. 5 This lie has clearly discredited me in my business. As a result, my reputation was damaged with eBay and with eBay users and eBay withdrew the listing and suspended my eBay account. This has caused financial damage to me including: The cost of making the listing The estimated sale price of the listing. The potential profits of my future business on eBay. Damage to my reputation. Note that my eBay seller identity and my email address, given to buyers, are also my name. I insist that you: a) withdraw your statement to eBay. b) pay compensation to me for the defamation and loss of business detailed above Please note that I have sent a copy of this by mail, and would prefer to receive an answer likewise. yours, Tom Kelsey ======================================== what do other people think? Note that in the UK damages for defamation can be very high, larger than for loss of business. The UK also has an equivalent to the 'nominative' fair use of trademarks, which is called 'designation of origin'. thanks in advance for any advice Tom Original of the message was taken from http://www.auctionbytes.com/forum/phpBB/ Replies:In the USA, it's not under penalty of perjury although the NOCI says t...I wish I could see the actual ad. 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