April 26, 2024

EBay Suffers Setback on Trademark Infringement

LUXEMBOURG — EBay may be held liable for trademark breaches on its auction site if it has knowledge of the infringing data, the European Union’s highest court said Tuesday in a dispute involving the cosmetics maker L’Oréal.

The Court of Justice here ruled that, as an operator of an online platform, eBay is liable if it “played an active role” that would “give it knowledge of or control over the data relating to the offers for sale.”

L’Oréal has argued that eBay, the world’s largest online marketplace, is liable for trademark breaches because of its active involvement in the pre-sale, sale and after-sale processes.

The court was called in at the request of Britain, which sought guidance in 2009 after a local tribunal found eBay was not liable for trademark breaches by users. A French court ordered the two companies into mediation in 2009 after saying that eBay’s efforts to block sales of counterfeits showed its good faith, and in 2008 a Belgian case rejected similar claims by L’Oréal, the world’s largest cosmetics company.

“The judgment provides some clarity on certain issues, and ensures that all brands can be traded online in Europe,” said Stefan Krawczyk, eBay’s European government relations director. “A lot of cases will still have to be assessed by the national courts. We’ve moved on — we fulfill most of these conditions now anyways.”

EBay, based in San Jose, California, had hoped the ruling would provide enough legal guidance to help settle pending trademark disputes between it and L’Oréal, he said. The court ruled last year, in a dispute between Google Inc. and LVMH Moët Hennessy Louis Vuitton, that Internet hosts may benefit from an exemption under the Union’s e-commerce law only if their role in processing potentially infringing data is neutral.

Laurence Balmayer, a spokeswoman for L’Oréal in Paris, said the company would study the ruling before commenting.

The case dates back to 2007 when L’Oréal sent a letter expressing its concerns about the “widespread” sale of fake products on eBay’s European Web sites and asking it to address those concerns. L’Oréal sued, saying eBay had not done enough.

Trademark-protected words eBay bought to bring visitors using search engines to its site via sponsored links were a point of contention raised by L’Oréal, which is based in Paris. While L’Oréal said the practice helped guide people faster to fake products, eBay and the British government argued it was meant as an eBay advertisement.

Article source: http://feeds.nytimes.com/click.phdo?i=218de26beff001c0746686a442695349

DealBook: Alibaba Group to Split E-Commerce Site, Talks I.P.O.

SHANGHAI — The Alibaba Group, one of the biggest Internet companies in China, said Thursday that it had decided to split its popular
e-commerce site, Taobao.com, into three separate units to better foster growth, dashing investors’ hopes of an imminent public listing of the unit.

The Alibaba Group did, however, raise for the first time the tantalizing prospect that it might go public at a later date.

The split breaks Taobao — a fast-growing online marketplace for consumer goods — into a consumer marketplace like eBay, an online shopping mall consisting of major retailers and internationally known brands and an Internet search engine focused on e-commerce.

The decision eliminates the possibility that the company’s Taobao unit or any of its three parts will seek an initial public offering in the coming months, according to John Spelich, a spokesman for the Alibaba Group.

Many investors had been pressing Alibaba to list the Taobao unit, saying it would probably become one of the most valuable Chinese Internet companies.

Jack Ma, the former English teacher who runs the Alibaba Group, has for years said that a Taobao listing was not imminent and that the unit had to focus first on development. Another Alibaba Group unit, Alibaba.com, was publicly listed in Hong Kong in 2007 and is now valued at about $7.5 billion.

But in a letter to employees released Thursday, Mr. Ma said that the company was considering listing the Alibaba Group. Although no timetable was given, and people close to the company said it was unlikely to happen within the next year, it was the first time Mr. Ma had talked about publicly listing the Alibaba Group. The American Internet company Yahoo and Softbank Group of Japan own most of the Alibaba Group.

“We won’t rule out the possibility of taking Alibaba Group public in the future, as a way to reward our employees and shareholders who support and continue to believe in us,” Mr. Ma said in the letter, which the company posted online.

The statement comes at a time when Alibaba and the major shareholders, Yahoo and Softbank, are trying to resolve a dispute over another Alibaba unit, Alipay, which was transferred to a Chinese company that is majority-owned by Mr. Ma. Alibaba said the transfer had been made to comply with Chinese law about licenses for online payment companies, but Yahoo said it had been done without the board’s approval.

Alibaba is also trying to recover after the chief executive and chief operating officer at its Alibaba.com unit resigned in February following an internal fraud investigation. Although the two executives were not involved in the fraud, they took responsibility for misdeeds committed by a small number of employees inside Alibaba.com.

The company said about 100 employees had allowed fake companies in China to register and sell products on Alibaba.com’s international Web site as “Gold suppliers,” which suggested that they were among the more trustworthy. Instead, those companies were taking orders for goods, accepting payments and then closing down their operations and escaping with the money.

Article source: http://feeds.nytimes.com/click.phdo?i=092a3703f734b7b9c0e7293ef60f6cd6

DealBook: Rajaratnam’s Lawyer Casts Doubt on Witnesses’ Credibility

“If it’s public, you must acquit.”

Though the defense lawyer, John Dowd, uttered the stilted reference to Johnnie Cochran’s famous line in the O.J. Simpson trial just once at the start of his closing statement, it quickly became a favored theme on Thursday.

His client, Raj Rajaratnam, the co-founder of the Galleon Group hedge fund, is accused of pocketing more than $50 million in illicit profit from insider tips that include Intel earnings and layoffs at eBay. Mr. Dowd took aim at those alleged tips on Thursday and the phone calls and cooperating witnesses that the government cited as evidence.

And just as the prosecutor, Reed Brodsky, used recordings and transcripts of conversations to bolster his argument to jurors, so, too, did Mr. Dowd. Though he played just one recorded call, Mr. Dowd relied heavily on transcripts from the trial to highlight what he considered inconsistencies in testimony from government witnesses.

“Thank God for cross-examination,” said Mr. Dowd, who maintained that several of the cooperators had cracked when subjected to questioning.

Mr. Dowd spoke in a gravelly monotone with few gestures and an avuncular manner, his glasses perched atop his nose. Unlike Mr. Brodsky, who shouted and roamed before the jurors with an intense energy, Mr. Dowd remained behind his lectern, reading notes from a binder.

In systematic fashion, Mr. Dowd attacked the credibility of the cooperating witnesses and the alleged tips associated with them.

He began with Anil Kumar, a former executive at the prestigious consulting firm McKinsey Company, who testified that he passed a number of insider tips to Mr. Rajaratnam for money.

Mr. Dowd said the former consultant was paid for honest work, not insider tips. The lawyer presented transcript pages where Mr. Kumar says that initially Mr. Rajaratnam proposed a legitimate agreement – not one to pass on insider tips.

“Anil Kumar denied twice under oath that he ever agreed to commit insider trading,” Mr. Dowd said. Therefore, “you cannot convict Raj of conspiracy to insider trade.”


The Galleon networkAzam Ahmed and Guilbert Gates/The New York Times Click on the above graphic to get a visual overview of the Galleon information network.

While the government stressed that the tips afforded Mr. Rajaratnam an advantage over ordinary investors, Mr. Dowd cited one that lost the hedge fund money.

“This is the first insider trading case in history where the government claims the defendant lost $67 million,” Mr. Dowd said.

Mr. Dowd also brought up Adam Smith, the former Galleon portfolio manager and an important government witness.

“We haven’t talked about Smith, but you can’t believe him either,” Mr. Dowd said, leaning over the lectern. “Smith has changed his story so many times that he doesn’t know whether he’s coming or going.”

Throughout his statement, Mr. Dowd reinforced the defense assertion that all of alleged inside information was already public. During their case, the defense inundated jurors with news articles and research reports speculating on the deals and events that form the government’s case against Mr. Rajaratnam.

“That’s how things work in the real world,” he said, raising his voice slightly. “In the real world, these deals were public weeks and months before their announcement.”

He even argued at one point that the alleged tipsters themselves should have read some of the reports. When Mr. Kumar allegedly tipped Mr. Rajaratnam that eBay was set to lay off employees, for instance, he did not have an exact number, Mr. Dowd said.

“Ladies and gentlemen, if Kumar couldn’t figure out the number of layoffs, it’s because he hadn’t read the newspaper,” he said.

Mr. Dowd spared jurors from having to review again the hundreds of exhibits they’d seen last week.

“The government can’t stand it when I show you these articles,” he said.

Mr. Dowd repeatedly reminded jurors that there needed only to be reasonable doubt for them to acquit his client — even in instances where bits of the alleged tip were not yet public.

“You can’t convict Raj by splitting hairs,” he told jurors.

Article source: http://feeds.nytimes.com/click.phdo?i=0abeaaf448f8ebe9868ce36d7059cf7d

Retailers Retool Sites to Ease Mobile Shopping

Even as phones get more versatile and sophisticated, many retailers’ mobile sites and apps make it difficult to shop. It can be hard to examine items on a small screen, and the pages are often slow to load. Perhaps most frustrating, the process of entering information on a mobile keyboard requires either surgical precision or very tiny fingers.

As a result, retailers report that only about 2 percent of their sales are coming from mobile devices, a number well below the expectations of many e-commerce analysts.

“Everyone was so excited last year, but then sales through mobile haven’t been growing as rapidly as we would have thought,” said Sucharita Mulpuru of Forrester Research, which tracks the technology industry. “Many retailers haven’t even optimized their sites for mobile, and who wants to spend their time pinching screens and mistyping links?”

The potential for added revenue from mobile sales remains huge, retailers believe. EBay said that in 2010 it generated almost $2 billion in mobile sales, and is on track to double that this year.

But major retailers like Bed Bath and Beyond, Coach, Dillard’s and Ann Taylor still do not have sites designed specifically for mobile phones — known as optimized sites — nor do they have apps. By mid-2010, according to the Acquity Group, just 12 percent of the top 500 United States online retailers had sites compatible with mobile browsers, while just 7 percent had apps.

Now retailers are rapidly realizing they no longer have a choice, because customers expect to be able to shop on their phones and want the experience to be as good or better than on a computer. That is what 85 percent of online shoppers told Tealeaf, a software company that monitors buyers’ online behavior. So e-commerce companies are racing to figure out the best way to accommodate tiny screens and big fingers so they don’t miss out on sales to people standing in the lunch line or riding the train.

And they have been missing out on sales. Shoppers told Tealeaf that mobile shopping was more frustrating than sitting in traffic or visiting the D.M.V., which helps explain why, despite all the interest, people are not yet spending much when shopping on their phones. ComScore, a Web analytics firm, estimates that shoppers spent $1.1 billion via their phones in the last three months of 2010, a sharp increase over the course of the year, but still just 2.6 percent of total e-commerce sales for that period.

Bailey Vincent Clark, a 24-year-old writer and mother in Staunton, Va., shops on her phone for convenience, regularly buying Bare Escentuals makeup on Sephora’s optimized mobile site because she can do it from anywhere, and quickly.

Still, she said, “shopping on my phone can be extremely frustrating, because most Web sites aren’t streamlined for cell usage, leaving me squinting and pinching at the screen, struggling to enter information.”

The tepid response to mobile shopping has retailers pursuing a variety of improvements to compensate for a phone’s limitations, with things like voice search, one-touch checkout and simplified mobile sites.

Alibris, the book seller, had held off introducing a mobile site until late last year, when it decided mobile visits to its regular Web site were rising so much that it had no choice.

“When you transform a giant PC screen onto a little device, you have to decide what not to bring along,” said Jeanie Bunker, general manager of Alibris Retail. “So we basically stripped out all the things we thought were not relevant to the mobile user.”

For instance, it removed the rare-books tab, assuming that someone spending hundreds on a book would want to do extensive research. And since students looking for used textbooks were typing in ISBN numbers as they stood in college bookstores, Alibris included an ISBN search box on the mobile home page.

Many retailers point to Amazon’s apps as worthy models. Unlike most retailers, Amazon started developing mobile Web sites in 2006, before the first iPhone was available. To minimize typing, Amazon offers bar code scanning, voice search and automatic fill-in on typed searches. Type “Har,” for instance, and it displays Harry Potter books.

Article source: http://feeds.nytimes.com/click.phdo?i=ed7ffdb3101786023f13c955d2fd2af4

Bits: Meg Whitman Finds a Job

Meg Whitman, the former chief executive of eBay who lost her bid to become California’s governor, has a new job.

She has joined Kleiner Perkins Caufield Byers, the Silicon Valley venture capital firm, as a part-time special adviser, Kleiner Perkins announced late Tuesday. In addition to coaching and advising entrepreneurs, she will help evaluate new digital investments.

“I’ve known the KPCB team for years – they are fabulous advocates for technology-based start-ups,” Ms. Whitman said in a statement. “I look forward to providing insight and applying my experiences to help the next generation of businesses scale.”

Kleiner Perkins is among the most well-known venture capital firms, with early investments in successes like Google and Yahoo. More recently, it has invested in Twitter and Zynga, which makes online video games.

The hiring of Ms. Whitman, a Republican, adds to Kleiner Perkins’s political pedigree. Former Vice President Al Gore, a Democrat, is a partner while former Secretary of State Colin Powell, a Republican, is described as a “strategic limited partner.”

Ms. Whitman won the Republican primary for California governor last year, but lost by a wide margin in the general election to Jerry Brown, a former governor. She spent more than $160 million, most of it from her own fortune, on the failed venture. She remains, nevertheless, a billionaire.

Prior to running for office, Ms. Whitman led eBay for 10 years, starting when it was a start-up with only 30 employees. During her tenure, the company became a global colossus, although it struggled with slow growth during the last couple of years that she was there.

“Meg helped build eBay into one of the leading players in online commerce,” Ted Schlein, a venture capitalist with Kleiner Perkins, said in a statement. “Her experience and strategic advice will be invaluable to entrepreneurs who are rapidly changing the way business is done.”

Regardless of her role, the question will inevitably be whether Ms. Whitman can pick winning companies from the losers. Her record at eBay, at least in terms of acquisitions, was mixed. EBay’s acquisition of online payment service PayPal in 2002 is considered one of Ms. Whitman’s wisest business decisions as a chief executive. Acquiring online calling service Skype in 2006, in contrast, was a failure.

Since losing the governor’s race, Ms. Whitman has gradually added new responsibilities, joining the boards of Hewlett-Packard, Procter Gamble (she had left that board while running for governor) and Zipcar.

Article source: http://feeds.nytimes.com/click.phdo?i=94b5c0fbfa824d8db86315f70a78c7fd