- 1,340
- 221
- Joined
- Nov 28, 2012
Have a read about this at: http://www.montrealgazette.com/business/Students+sneaker+appeal+against+eBay/9144399/story.html
[h1]Students win sneaker appeal against eBay[/h1]
[h3]ROODY LEE, LEFT, AND THIERRY MOFO CATCH SOME SHUTEYE AT A PIERREFONDS STORE CALLED EXCLUCITY IN THE MONTREAL AREA THURSDAY, FEBRUARY 23, 2012. THEY HAD SPOTS RESERVED IN A LINE OUTSIDE THE STORE WHERE THEY HAD BEEN WAITING SINCE THE NIGHT BEFORE TO PURCHASE A NEW NIKE SHOE.[/h3]
MONTREAL — Buy it, sell it, and if you can't, then sue.
Two suburban Montreal brothers who attend Vanier College can go ahead and sue eBay over a pair of unsold Nike sneakers, the Quebec Court of Appeal has ruled.
Made for the National Basketball Association 2012 All-Star game, the Nike shoes fetched bids reaching $96,750 U.S. after the students put them up for sale on Feb. 21, 2012.
Twenty minutes after that top bid, however, eBay stopped the auction, telling brothers Thierry and Kevin Mofo that as first-time sellers they didn't qualify to sell them.
The students, now age 22 and 20, tried to sue the California-based online auction giant in Quebec Superior Court but the company opposed the move.
eBay argued its standard online contract, which the brothers agreed to when they signed up to the service, requires lawsuits against it to be filed in California.
Last March the court disagreed. It said the stipulation is unreasonable, is written in unclear legalese that's buried in the contract, and is meant to dissuade lawsuits.
eBay appealed, but Friday, the higher court upheld the earlier ruling.
"This decision is a big victory for every consumer in Quebec," said the Mofos' lawyer, Bruno Sasson, of the firm Allali Brault. "It's a small step for my clients, but it's a giant leap for consumers across Quebec."
In court, eBay argued that by trying to make a profit by selling the shoes, the Mofo brothers acted as merchants or traders, not consumers, and hence the case falls outside Quebec's civil code and consumer law.
"If we follow this way of thinking, nobody would be considered a consumer by using eBay, because eBay's essence is to allow everybody to make a little profit by selling their personal stuff," commented Sasson.
"The Court of Appeal understood that and rendered a very good decision." eBay Canada's spokesperson did not reply for comment.
The Mofo brothers, who live in the western suburb of Roxboro borough, had bought the limited-edition shoes for $270 plus tax at a midnight sale Feb. 24 at Exclucity, a Pierrefonds streetwear boutique.
They'd been advertising them on eBay since the 21st, making clear they'd only have them after the sale on the 24th. eBay cancelled the auction just before 1:50 a.m. that same night.
A rare style, the Nike Foamposite One 'Galaxy' sneakers have soles that glow in the dark and uppers that have a Milky Way purple, pink and blue star pattern.
The Mofos and other collectors known as 'sneakerheads' camped outside the Pierrefonds store for the sale, most meaning to sell what they got afterward on eBay.
Nike had chosen Exclucity as one of a select number of retailers to participate in its flash sale, or "Quick Strike," as they're called. By U.S. standards, it went off remarkably peacefully.
South of the border, by contrast, the sales provoked riots. In Orlando, Fla., police had to use teargas to fend off shoppers who rushed a Foot Locker store for the shoes. Riots and fights were also reported at stores in Seattle, Wash., Atlanta, Ga., and Louisville, Ky. It's unknown how many pairs were put up for sale here or elsewhere.
The Mofos could not be reached for comment Friday. Their lawyer said if they'd lost at the Court of Appeal, they would have bowed to the pressure by eBay and dropped the case.
What's next?
"Receiving eBay's defence and fixing a trial date," replied Sasson. "I expect having a trial in 2015."
[h1]Students win sneaker appeal against eBay[/h1]
[h3]ROODY LEE, LEFT, AND THIERRY MOFO CATCH SOME SHUTEYE AT A PIERREFONDS STORE CALLED EXCLUCITY IN THE MONTREAL AREA THURSDAY, FEBRUARY 23, 2012. THEY HAD SPOTS RESERVED IN A LINE OUTSIDE THE STORE WHERE THEY HAD BEEN WAITING SINCE THE NIGHT BEFORE TO PURCHASE A NEW NIKE SHOE.[/h3]
MONTREAL — Buy it, sell it, and if you can't, then sue.
Two suburban Montreal brothers who attend Vanier College can go ahead and sue eBay over a pair of unsold Nike sneakers, the Quebec Court of Appeal has ruled.
Made for the National Basketball Association 2012 All-Star game, the Nike shoes fetched bids reaching $96,750 U.S. after the students put them up for sale on Feb. 21, 2012.
Twenty minutes after that top bid, however, eBay stopped the auction, telling brothers Thierry and Kevin Mofo that as first-time sellers they didn't qualify to sell them.
The students, now age 22 and 20, tried to sue the California-based online auction giant in Quebec Superior Court but the company opposed the move.
eBay argued its standard online contract, which the brothers agreed to when they signed up to the service, requires lawsuits against it to be filed in California.
Last March the court disagreed. It said the stipulation is unreasonable, is written in unclear legalese that's buried in the contract, and is meant to dissuade lawsuits.
eBay appealed, but Friday, the higher court upheld the earlier ruling.
"This decision is a big victory for every consumer in Quebec," said the Mofos' lawyer, Bruno Sasson, of the firm Allali Brault. "It's a small step for my clients, but it's a giant leap for consumers across Quebec."
In court, eBay argued that by trying to make a profit by selling the shoes, the Mofo brothers acted as merchants or traders, not consumers, and hence the case falls outside Quebec's civil code and consumer law.
"If we follow this way of thinking, nobody would be considered a consumer by using eBay, because eBay's essence is to allow everybody to make a little profit by selling their personal stuff," commented Sasson.
"The Court of Appeal understood that and rendered a very good decision." eBay Canada's spokesperson did not reply for comment.
The Mofo brothers, who live in the western suburb of Roxboro borough, had bought the limited-edition shoes for $270 plus tax at a midnight sale Feb. 24 at Exclucity, a Pierrefonds streetwear boutique.
They'd been advertising them on eBay since the 21st, making clear they'd only have them after the sale on the 24th. eBay cancelled the auction just before 1:50 a.m. that same night.
A rare style, the Nike Foamposite One 'Galaxy' sneakers have soles that glow in the dark and uppers that have a Milky Way purple, pink and blue star pattern.
The Mofos and other collectors known as 'sneakerheads' camped outside the Pierrefonds store for the sale, most meaning to sell what they got afterward on eBay.
Nike had chosen Exclucity as one of a select number of retailers to participate in its flash sale, or "Quick Strike," as they're called. By U.S. standards, it went off remarkably peacefully.
South of the border, by contrast, the sales provoked riots. In Orlando, Fla., police had to use teargas to fend off shoppers who rushed a Foot Locker store for the shoes. Riots and fights were also reported at stores in Seattle, Wash., Atlanta, Ga., and Louisville, Ky. It's unknown how many pairs were put up for sale here or elsewhere.
The Mofos could not be reached for comment Friday. Their lawyer said if they'd lost at the Court of Appeal, they would have bowed to the pressure by eBay and dropped the case.
What's next?
"Receiving eBay's defence and fixing a trial date," replied Sasson. "I expect having a trial in 2015."
Last edited:
