Joseph K. Levene Fine Art, Ltd., is a Dealer of Secondary Market blue-chip paintings, sculpture, photography, prints and multiples by leading Post War and Contemporary Master Artists. Joseph K. Levene, Principal, Joseph K. Levene Fine Art, Ltd., is an authority of Art by Andy Warhol and Jasper Johns.
Coach awarded £28.3 million, but will eBay reimburse these duped buyers?
eBay aggressively advertises its Buyer Protection Policy, and like most insurance policies, you need to read the "fine print"!
Even with eBay's "10 year too late Buyer Protection Policy", as we wrote 12/30/2007, Counterfeit listings are the norm, as eBay has not implemented appropriate Consumer Fraud Protection that provides requisite protection.
According to eBay's Buyer Protection program, eBay only provides Buyer Protection to US buyers for 45 days even though the Uniform Commercial Code specifies Merchants provide four years of protection.
While the court decision may have ruled in Coach's favor, it is unlikely that eBay and PayPal will reimburse the thousands of eBay buyers who did not realize they were actually buying Counterfeit Coach Bags.
eBay takes the position that since it does not directly buy or sell anything, there is no obligation to provide consumer fraud protection; it is that obvious deficiency that has made eBay a magnet for Brand Name Counterfeits.
24/7 eBay continues to accept Counterfeit listings for Fine Art purportedly by Pablo Picasso, Damien Hirst, Keith Haring, Andy Warhol, Roy Lichtenstein, etc., and the lack of an appropriate anti-fraud policy, only condones more eBay Fine Art fraud.
eBay continues to take no steps to vet its listings, even in 2012; in fact, if you contact eBay regarding a fraudulent listing, they enforce a "do nothing" policy..
In 2007, we wrote eBay Could Easily Eliminate Fraud If They Hired Department Experts as a way for eBay to curtail counterfeit/frauds. However, we concluded eBay Management prefers generating listing revenue over meaningful consumer fraud protection.
A previous counterfeit case in which Burberry was awarded £63 gave Burberry the right to hold third parties such as Google, Twitter and Facebook accountable for associating with the various websites of the counterfeiters.
Hopefully, the courts will do likewise with eBay soon, and enforce implementation of meaningful consumer fraud protection that parallels the Uniform Commercial Code.
A version of this Article first appeared on The Fine Art Blog, by Joseph K. Levene. Joseph K. Levene, established Joseph K. Levene Fine Art, Ltd., Dealer of secondary market blue-chip paintings, prints & multiples, photography and sculpture by leading Post War & Contemporary Masters in 1991.
Mr. Levene has three decades multifaceted fine art experience as Art Dealer, Art Executive, Selling Art Online and Art Collector. The Joseph K Levene Fine Art Ltd eBay Store was established in 1999, and unlike eBay, has provided added Buyer safety to all Clients with our Guarantee of Authenticity for all Art offered and sold on eBay.