Spyderco is suing eBay for counterfeits

Discussion in 'General Knife Discussion' started by needler420, Jul 25, 2017.

  1. Hackenslash

    Hackenslash Don't feed the Trolls Platinum Member

    Jul 25, 2014
    I read about the suit dismissal on a New England sports news site. I don't really know the source, so it could be the ever-present Fake News!;)

    I probably should have added that caveat into my post. I haven't been able to find a copy of the court's dismissal, but here's a copy of the original complaint. It's a good read.
    https://www.scribd.com/document/337632612/Complaint

    If you read the complaint it looks like Spyderco had a no-brainer that Kittery DID do business in Colorado by purchasing Spyderco knives...but apparently that didn't hold water for the court.

    One thing that's interesting about the complaint is that Spyderco identifies the trademarked logo, bug and round hole as incontestable "Spyderco Marks". This may indicate that they're using the same approach in the eBay suit and could go after any knife sold with a round hole...
     
    palonej likes this.
  2. Hackenslash

    Hackenslash Don't feed the Trolls Platinum Member

    Jul 25, 2014
  3. Bigbobg

    Bigbobg Gold Member Gold Member

    269
    Oct 1, 2011
    Buyer beware! If it seems to good to be true it probably is. Buy from reputable dealers.
     
    Last edited: Sep 2, 2017
  4. PirateSeulb

    PirateSeulb

    Jun 6, 2017
    In the end I don't much care if this damages eBay because I only use eBay for things that I can't sell locally or can't sell for what it is worth, ie my SNES MMX Games, or when I want to buy something rare. The first 2 scenarios cover 80% of my eBay use and in the last 6 yrs or more I have used it maybe on 2 or 3 occasions. For finding and buying the rare items eBay isn't the go to source it once was and is so flooded with eBay seller business the prices aren't as good as they once were. The problem selling on it is as a seller you are left hoping the buyer doesn't abuse the very lopsided resolution system that heavily favors buyers often leaving a seller out the item, money paid, and costs.
     
  5. katanas

    katanas

    Jan 6, 2012
    Perhaps this has been quoted (haven't read all) "All that is necessary for the triumph of evil is that good men do nothing" at least Spyderco tried. :thumbsup:
     
  6. unklfranco

    unklfranco

    955
    Apr 2, 2011
    Good for Spyderco. I've reported fake Spydercos, Strider, and ESEE and The sellers kept on selling uninterrupted. E-Bay should not be able to keep fees/money from reported fake items for sale. E-Bay keeps the money knowing the item was fake. That makes them a party to the fraud and IP theft. They do have deep pockets which buys more justice than most can afford but we know they are wrong. We can choose to support Spyderco and reject eBay.
     
    Mo2 likes this.
  7. Mitchell Knives

    Mitchell Knives Knifemaker Moderator

    May 21, 2000
    That's actually a really good idea.

    Now that I think about it, I'm kind of surprised that they haven't already done this.

    Between requiring a seller to provide a CC, and the buyer using PayPal, the chance for fraud goes down quite a bit.
     
  8. vwb563

    vwb563 Gold Member Gold Member

    Jun 29, 2007
    Same.
     
  9. PURPLEDC

    PURPLEDC

    Apr 4, 2007
    That is the problem. Not many authenticity experts out there. Usually peoples knowledge of fakes is limited to the scope of their interests. This is why its almost impossible to eliminate counterfeit items on ebay. Much less institute a disciplinary system regulating the sale of such things. As for your last comment, some including me have a different set of criteria and definitions as to what is and isn't acceptable for them. I don't mind clone knives. But I don't like knives that use counterfeit logos. Some aren't completely one sided on the issue. And even if I don't mind clones I also help people spot them and other fakes so that people who wish to avoid them can do so.
     
    DocJD and AtechReviews like this.
  10. Mitchell Knives

    Mitchell Knives Knifemaker Moderator

    May 21, 2000
    This problem would be much simpler if there were only a handful of individuals/companies selling counterfeit knives on Ebay. They could be identified and permanently banned. Problem solved.

    The problem is that it's not just a few individuals or companies selling counterfeits. How many people are actively selling counterfeit knives on Ebay? Is it just a few people? Highly doubtful.

    How do you stop a large number of people from posting counterfeit goods for sale? How do you verify that an item is genuine? How would you handle disputes between the manufacturer and the Ebay user? Would Spyderco need to personally green light every Spyderco related listing? How will Ebay and Spyderco pay for that? Ebay simply doesn't have a mechanism for this and neither does Spyderco.

    As a knife maker, it says a lot that Spyderco is essentially the only factory knife I typically buy these days. I've been buying their knives for a very long time, and certainly do not wish to see their business harmed by criminals on Ebay.

    I'm results driven, and I don't see how this lawsuit will change or help anything for Spyderco. I think their time might be better spent by targeting the importers of counterfeit goods rather than the sellers. If they can't get them here, they can't sell them.
     
  11. sabre cat

    sabre cat Basic Member Basic Member

    Jul 4, 2014
    If Spyderco wins, how would you feel if part of Spyderco's settlement was to have a banner pop up when you search for Spyderco knives on ebay, warning the buyer of complaints of counterfeit products, proceed with caution. Maybe even link it to certain sellers:

    "WARNING, This seller has been known to offer clones, fakes, and counterfeit Spyderco products."
     
    Last edited: Jul 29, 2017
  12. GrReaper

    GrReaper

    487
    Sep 22, 2014
    I like this idea. The sellers of counterfeit goods should have to pay some kind of penalty. A counterfeit tag following them around is fine with me. There's no one magic bullet that will end counterfeiting. It's a lot like exterminating cockroaches. You need to hit them in as many different ways as possible. You might not kill every last one of them, but you can at least get the problem under control.
     
  13. Lapedog

    Lapedog

    Dec 7, 2016
    I'm sure Spyderco has done its research and found they believe they have a case against eBay. I doubt very much they're jumping into this blindly.
     
    Last edited: Jul 29, 2017
    W. Anderson likes this.
  14. sabre cat

    sabre cat Basic Member Basic Member

    Jul 4, 2014
    It couldn't hurt. If someone, maybe you, me, Spyderco or one of their dealers files a complaint with ebay, the seller gets formal written warnings, say 2 or 3 times. Then they are flagged for X amount of time. If problems continue then further action ca be taken.

    The written warnings would protect the little guy like you and I that only has one knife to sell or did not know his knife was fake. Mistakes happen.

    If the knife's styled kind of like a Spyderco but is not marked or packaged like one, it's cool. Any thing else gets flagged.
     
  15. marcinek

    marcinek

    Jan 9, 2007
    And yet, the video reviews of yours you have posted here on BF link to your site. And on your site, included among your "favorite stores to buy knives and gear from," are sites that sell not only clones, but flat out counterfeits. In fact, you have reviewed some of the counterfeits quite positively.

    Saying you "hate to see scammers try to push a counterfeit as a genuine knife" while, at the same time, promoting those very scammers seems, how to put it gently, disingenuous.
     
  16. AtechReviews

    AtechReviews

    209
    Jul 3, 2017
    Marcie, didn't you see what @RevDevil posted in a Ganzo thread about taking things out of the WC to the general forum?

    And yes, I never promoted selling fakes as genuine knives, even in your favorite post from my blog I clearly state that I'm against putting genuine logos on clones, thus turning them into fakes.
    I have also stated numerous times that I prefer sterile clones that couldn't be sold as fakes to a flat out fake and I never scammed anyone, on the contrary.
    If I did promote that - would I then help dozens of folks to determine if their knife is genuine or a fake?
    I do hate to see folks getting scammed, because that ruins the reputation for sterile clones in part and all Chinese knives in general.

    About the sellers - they sell genuine Chinese knives in the same stores as well (like the District 9 models), and I simply point out which ones of the sellers aren't scammers and will give decent CS.

    So get your facts together before you accuse me of something like that, will ya?
     
  17. r8shell

    r8shell Platinum Member Platinum Member

    Jan 16, 2010
    Your post Marci quoted was from this very thread, not W&C. o_O Is he no longer allowed to discuss this issue with you?
     
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  18. AtechReviews

    AtechReviews

    209
    Jul 3, 2017
    It was exactly the same case in the Ganzo thread that is now locked.
    Look it up.
     
  19. marcinek

    marcinek

    Jan 9, 2007
    I certainly did. And I am asking about your reply in this thread about counterfeits and the sites that sell them, and your site, which you reference in the videos you post here on BF. No subfoum other than here or "Reviews" was referenced.

    You chose to join this conversation, and I am asking you to expand on your stance on the issue. Seems fully in the spirit of the thread and of a discussion forum. You are welcome not to, of course.

    Seems you are saying that if a site does not sell too many counterfeits, that they are OK with you...or at least OK enough with them to list them among the vendors you prefer to buy from on your site. Correct?
     
    Airborne 1 likes this.
  20. BBuser

    BBuser

    215
    Sep 4, 2016
    On the bay there are fakes that aren't easy to spot, but it's full of blatantly advertised counterfeits. Like this description:

    A0131Clone CR Sebenza 25 TC4 Titanium Tactical Handle Knives Knife With D2 Blade

    That can't be hard for them to spot. I reported that one. Some of you said they'll do nothing. I think you're right.
     

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