MIRIAM: Why are counterfeit items allowed under Swarovski Brands?

[gifts_of_elegance]

Dear Miriam,
While I have your attention there is another issue that has been bothering me for a long time. I sell Swarovski made products and I list under the category: Decorative Brands: Swarovski. All items I list under this category are stamped or acid etched with the Swarovski logo. Go to "Best Match" and you will find a ton of fake items listed in this category ahead of my listings. None of them are Swarovski made, they are all counterfeit items. I have spoken to my account manager about this problem and she said I should report those sellers. I don't think its my job to police items that are fake and misleading the public, but I have taken the time to report sellers who are listing fakes in this category. Nothing was done, they are still listing strong.

Has eBay not learned from their experience with Dior?
Why are these sellers getting away with constantly misleading the public? Do you think its fair that these crooked sellers are prioritized over sellers offering genuine products?

[miriam@ebay.com]

Hi gifts_of_elegance,

I'm glad you reported the items - I appreciate that you took the time to do that.

On eBay.ca, I see that your items are at the top of the search in Best Match. So I'm thinking it's eBay.com where you are seeing the other sellers' items promoted over yours.

I don't think sellers with fakes should be prioritized over sellers with genuine items. However, I'm also first to admit that I couldn't tell the difference. Who can tell the difference in this instance is Swarovski, who also happens to be part of the VERO program. Here is their About Me page: http://cgi3.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=michael_sandifer0gxf

If you are willing to email me privately, I can alert Trust and Safety to your findings. Please don't post up item numbers or seller names here in a public forum - just email me and I'll see what I can do.

Thanks,

Miriam

[gifts_of_elegance]

Hello Miriam,

Have emailed you.

Thank You for your attention.

[miriam@ebay.com]

Thanks for your note, gifts_of_elegance!

Miriam

[jerseypros]

Gifts_of_elegance, we gave up reporting fakes to ebay a long time ago...sorry you had to waste your time.
Looks like Swarovski has an "about me" page on the Vero members list - have you already contacted this member?

[gifts_of_elegance]

jerseypros: Yes, I wasted about 4 hours of my time. No, I have not contacted Swarovski and I won't. Let eBay contact them for authentication if they are interested in removing counterfeit items from their site.

"You can lead a horse to water, but you can't make him drink it."

[lina-mallows]

If I am to understand VERO correctly, the holder of the RIGHTS polices their items. It's not for eBay sellers of similar items to police other's trademarks.

So, gifts_of_elegance products would be subject to the same SWAROVSKI scrutiny as everyone else's. Wouldn't they?

FURTHER- Just because an item has a BOX, or a COA, or whatever hangtag, and other such nonsense, is no guarantee of authenticity.

If you want to be as close to 100% certain that the item is authentic- then purchasing that item in an authorized outlet, or through a licenced dealer, is the BEST way to go. (We have one minutes form our home- though understandably many do not have this convenience.)

And just as an aside-
RED FLAG- gifts_of_elegance WON'T CONTACT SWAROSKI!
Though there is no evidence to the contrary- gifts_of_elegance is not ever holding themselves out as a licenced, or other authorized dealer of SWAROVSKI products- just an eBay seller who is upset over others who enjoy better positioning in eBay BEST MATCH searches. Am I understanding the situation correctly?

[gifts_of_elegance]

line-mallows: If they did, then none of these sellers would be selling under Collectibles: Swarovski brands. The large number of non-Swarovski items has been a nuisance to both sellers and buyers for a long time. Its hard to find the genuine products when mixed in with so much fake and very frustrating for me as a seller that my items are buried under all this rubble. I take my business very seriously, I work very hard at it and I have a lot of money invested in it. Go to http://www.freedomcrystal.com/ and you will find for sale lot of the stuff listed as Swarovski brand is nothing more than inexpensive chandelier pieces, etc.

I welcome ANYONE to scrutinize my products. You are right, its not the box, the hang tag or COA that guarantee authenticity but its a pretty good start. All my Swarovski crystals are acid etched with the Swarovki logo and all my jewelry is "signed", that is they are stamped with the Swarovski logo too.

Swarovski is a collectible item. Not everything can be purchased through a Swarovski dealer. Some have been discontinued for a long time, others are limited to location and not every town has a Swarovski dealer.

Yes, I won't contact Swarovski. I have wasted enough of my time. If it was as simple as just contacting Swarovski, then why did Christian Dior go to court to have counterfeit items removed from eBay?

Whether or not I am an authorized dealer of Swarovski products or not is irrelevant. Ebay is a secondary market.

Yes, YOU UNDERSTAND CORRECTLY! I am upset over others who enjoy better positioning in BEST MATCH because they are misrepresenting their items.

[gifts_of_elegance]

i bear no ill will towards these sellers, I merely want them to list in another category and not under Collectible Brands: Swarovski

[lina-mallows]

gifts_of_elegance- Maybe trying to get eBay to redefine the category may help. EBay redefines categories all the time. Though I won't be counting on a "COUNTERFEIT SWAROVSKI" category any time soon.
If there was a "MADE WITH SWAROVSKI CRYSTALS"category, this way products made with SWAROVSKI crystals, though not SWAROVSKI products would have a home on eBay.

As for COUNTERFEIT merchandise showing up wherever it pleases- is clearly a problem for the holder of the TRADEMARK.

If SWAROVSKI will not police it's own brand- then the future market is jeopardized. So many people, simply by believing they have purchased a legitimate product, will be not to pleased, if they ever find out what they have is a FAKE!
Counterfeiting hurts everyone. Sadly- again, if SWAROVSKI won't do anything- trying to get eBay to act is beyond hope.

I know this would get touchy- HOWEVER- if SWAROVSKI moved to a model of NOT PERMITTING RESALE unless authorized to do so- policing & removing ANY and ALL offending items would be easier.
There are many products BRANDS eBay already covers.
It is one thing for a casual seller to offer ONE item- over a long period of time. It is quite another to offer hundreds of items- whether similar or not, over a short period of time.

gifts_of_elegance - considering the nature of the products we deal with (and sell on eBay), I understand the frustration in being tied to a BRAND that is widely recognized, and being vulnerable to unscrupulous sellers offering 'cut-rate counterfeit' knock offs. (for those that have any doubts- counterfeit STARBUCKS mugs exist for cities that were never produced by STARBUCKS! Counterfeits of earlier MUGS' designs are everywhere. Even the plastic Gift Cards- WITH NO PRE-LOADED VALUE have been counterfeited to meet collector demand! And, to think some people think they are just pretty bit of plastic!

[gifts_of_elegance]

If you check the website provided by Miriam for Swarovski, you will clearly see their stand on this.

OUR TRADEMARKS AND COPYRIGHTS
Our trademarks (product names), logos, and copyrights (product designs) are among Swarovski most valuable assets. The WAROVSKI name and trademark, and all other trademarks owned by the Swarovski companies, may be used only on finished products made or marketed by Swarovski itself. Even if an item such as a bracelet which is sold on eBay contains crystals made by Swarovski, describing that item as a "Swarovski bracelet" is misleading if the bracelet itself is not manufactured by Swarovski. Such a bracelet could properly be described as a bracelet "made with", "enhanced with" or "adorned with" Swarovski crystals. Swarovski well-known trademarks include: SWAROVSKI the Swan Logo SILVER CRYSTAL and DANIEL SWAROVSKI Even those selling jewelry containing Swarovski crystals may not use the SWAROVSKItrademark or Swarovski other trademarks without Swarovski express written consent.

[gifts_of_elegance]

Again, I want to go on record that I mean no ill will toward these sellers but the listing of their products under Collectibles: Swarovski brands is equal to me listing cubic zirconia under precious gems category and calling them diamonds.

[ampurtle]

Yes we all know that there are lots of counterfeits on ebay, and that ebay's policy is to claim ignorance unless someone specifically points out counterfeits to Trust and Safety.

By not reporting counterfeits to Trust and Safety you are in effect condoning the practice implicitly and by demanding they be placed somewhere else other than the category you use, you are explicitly condoning the practice, which makes you just as much of a money grubbing loser as them.

Get off your lazy ass and protect your business instead of trying to suck others into doing it for you so you can hide behind their skirts...

If it's not worth your time and effort to protect your business, then close up and find something else to do... If it was up to me and someone asked to have counterfeits moved to another category, I'd be moving those requesters into the "no longer has an account" category.

I don't know what you're on that makes you think that is a valid request/position/attitude, and I find it extremely offensvise that someone would even consider suggesting such a thing, but how about sharing with the rest of us because you've obviously got some sweet stuff.

[gifts_of_elegance]

Lazy ass??????????????