How much sweeter is a perfume when it is supplied by a selected distributor? Dior, Guerlain, Kenzo and Givenchy have clearly placed their marker in the French eBay case (in the perfume claims), where they have apparently succeeded in having eBay fined for permitting the auction of genuine branded products, because they were not being supplied through the appropriate distribution channels established by Dior, Guerlain, Kenzo and Givenchy for (as well as for counterfeit products in the handbag claims, discussed in my earlier post). Of course, if the brand holders are right that no branded products for which there is an established exclusive or selective distribution network can be supplied through eBay, it could also solve the problem of counterfeit sales at a stroke, at least where the brand name is mentioned. Establish a network and eBay can exclude all such products from its auctions.
However, this does, as ipKat notes, seem to raise some rather odd questions. Where did these products originate from in the first place? If they were on the market in the EU, then the brand owners rights should have been exhausted. And presumably they were being supplied by the brand owners or distributors within the brand owners' network. If so isn't there some breakdown in this network- unless network members are supplying large enough quantities for these to be resold on eBay, in which case the brand owner has already been paid? Shouldn't the brand owners take action against them? Or more profoundly, do we seriously think that selective distribution networks are justified for something like perfumes and many other branded goods, other than as a means for maintaining high prices? I can't remember when I have been helped by a store assistant in buying a perfume.
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