Counterfeiting – Bad Business for E-Commerce Websites

Sterne, Kessler, Goldstein & Fox P.L.L.C.
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Everyone knows that counterfeiting is bad business for brands – it weakens consumer confidence and brand loyalty, erodes goodwill, and creates liability issues -- but this month online retailer Etsy learned that counterfeiting is also bad business for e-commerce platforms.

 

A May 11, 2015 report from industry analyst Wedbush downgraded Etsy to "underperform" from "neutral," based on research that suggests that 5% of all items sold on Etsy are potentially counterfeit, or infringe the trademarks or copyrights of third parties.  The report stated that up to 2 million items found on the site constitute infringements or counterfeits, and that the number could be higher because the site is a destination for counterfeiters.  

 

The report caused Etsy's stock price to drop 8% on the day of publication.  Etsy's stock was trading at $22.79 the day before publication, and as of May 20, 2015 the price was down to $17.26.

 

A comparable drop in stock price was seen after a report levied similar accusations of counterfeiting against Chinese web marketplace Alibiba, causing its shares to decline by over 4% in January.

While it is encouraging to see the market response to e-commerce sites that fail to monitor for counterfeits, brand owners still need to be aware of just how rampant counterfeiting is across e-commerce platforms.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sterne, Kessler, Goldstein & Fox P.L.L.C. | Attorney Advertising

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