Gucci Sue Ali For Fraud And Fraud.

Kevin, Castel, Manhattan, New York, on Thursday, local time, Gucci

And parent company Kering SA KER.PA (KER.PA)

A group of US brands, Alibaba Group Holding Ltd. (NYSE:BABA)

The court decision on the sale of counterfeit goods has ruled that the evidence submitted by the Gucci America Inc. Gucci America Inc is not enough to judge Alibaba and the Chinese businessmen suspected of selling fake goods.

Kevin Castel said that according to the federal anti fraud act, it is not possible to judge the objects of Gucci, Gucci, and other brand prosecutions. It can not prove that Alibaba has agreed to take joint actions with Chinese businesses suspected of selling fake products.

He said that every action suspected of fraudulent businesses can be done independently without the help of other defendants.

The Alibaba expressed satisfaction with the decision in a statement.

Gucci Gucci and its parent company have not responded to this matter.

However, the case is not over, and litigation related to trademark infringement is still in progress.

Because of the notorious selling behavior, Alibaba Alibaba's business model has always been considered a "gray" zone.

In July 9, 2014, Kering SA opened a cloud of luxury Gucci Gucci, Yves Saint Laurent, Bottega Veneta, and filed a lawsuit against 14 businesses in the United States to Alibaba and its platform, accusing Alibaba of creating a possibility for a large number of counterfeiting merchants to sell illicit goods around the world, including the United States.

The lawsuit took place on the eve of Alibaba's listing in the US.

However, two weeks later, Gucci, Gucci and other brands quickly revoked the accusation against Alibaba, and issued a joint statement with Alibaba, saying: the parties have agreed to cooperate sincerely to further reduce the counterfeiting activities of the brand under the cloud.

In May 15, 2015, Gucci, Gucci and other brands once again filed a lawsuit in Alibaba in the United States, saying the company's e-commerce platform provided a platform for the counterfeit sellers, while Alibaba knew that the sale of fake sellers did not prevent them, or even provided marketers for marketing.

In the indictment, Gucci America Inc Gucci America Inc. said Alibaba's so-called "ecosystem" actually provided a platform for counterfeit products "producers, sellers and buyers" and provided them with online marketing, credit card operation, finance and shipping services.

In the indictment, the Gucci America Inc. Gucci America Inc said the Gucci Gucci product with a price of $795 was sold on Alibaba's e-commerce platform with a super low price of US $2 -5 US dollars.

The two lawsuits in a year show that the cooperation between Kering SA and Alibaba has failed to meet the requirements of the former.

As we all know, Alibaba is known as the world's largest electronic business platform in China. Meanwhile, its notorious selling behavior is also widely available in many parts of the world.

According to the Wall Street journal, the Alibaba promised to make a brand commitment in the brand negotiations, in order to help the brand in the group's Tmall.com Tmall platform to help the other brands of Taobao.com, Taobao, and Taobao. The most obvious case is the Burberry Group PLC (BRBY.L) Boboli group after Tmall was settled in Tmall.

However, the United States brand Coach, which had been reopened by the Alibaba, had no such treatment. No matter in Tmall, Taobao search Coach, the first row of the front page appeared in a Chinese foreign trade business rather than Coach Tmall's flagship store, while the search Burberry Boboli was Burberry Tmall Bobo Lee Tmall flagship store, and the products were almost Burberry Boboli products.

Alibaba Alibaba behind the sale, is China's first "Shanzhai" big country's rampant fraud.

At the end of 2015, in an interview with reporters about Gucci Gucci lawsuit, Ma Yun, a founder of Alibaba, made the world's attention.

Ma Yun said that the case would never reconcile with Kering SA's opening cloud group. "I'd rather lose the lawsuit than lose money, but we will win dignity and respect."

Reporters said that when Ma Yun made the above remarks, "almost jumped from the sofa," and some netizens thought that Ma Yun's remarks were "rogue marketing of large numbers of poor and poor countries," and I do not know what their "dignity and respect" is.

In addition to the above remarks, Ma is also ridiculous to reporters "Tucao" Gucci Gucci, which is ridiculous. "We must reflect on our business model".

Kering SA, Kai Wu group, responded later that Alibaba had made a request for settlement to the court and was "deeply disturbed" by Ma's comments.

Subsequently, the plaintiff's brand counsel wrote to the judges of the Southern District Court of New York in November 6, 2015, saying that both sides' lawsuit was the first request of mediation by Alibaba. However, from Ma's interview with reporters, the sincerity of the Alibaba's request for mediation is not believed by law or is merely a means of procrastination, only to make Gucci plaintiff Gucci and other plaintiff brands consume time and effort in case mediation.

Therefore, the plaintiff believes that mediation appears to be futile at present and asks the judge to exempt from mediation obligations.

And Alibaba spokesman Bob Christie said that Ma Yun's interview with reporters came from the plaintiff's consent to mediation and made a strong statement. If Gucci Gucci and other plaintiffs want to return to litigation, Alibaba will defend their legitimate rights.

{page_break}

In addition, in April, Alibaba and International AntiCounterfeiting Coalition (IACC) international anti fake alliance events, Gucci Gucci and Alibaba again dissent.

Dissatisfied with IACC's international anti counterfeiting alliance, Alibaba joined the alliance members and invited Ma Yun as a guest speaker. Gucci Gucci quit IACC in May.

There are also Michael Kors Holdings Ltd. (NYSE:KORS), Tiffany & Co. (NYSE:TIF), Tiffany, and other brands that quit with Gucci Gucci.

Finally, due to the protests and exit threats of many brands, and the IACC international anti counterfeiting alliance leader Robert Barchiesi Barchiesi, the Alibaba is cleared out of the IACC international anti fake alliance.

In response, Alibaba said the IACC international anti counterfeit alliance was kidnapped by the brand, and the act of clearing and clearing Alibaba was "countercurrent."

Despite the fact that public opinion has always been on the brand side in many of the above events, no matter whether the relevant lawsuits such as eBay Inc., or Alibaba have been encountered in mainland China, it is difficult for Alibaba as a third party platform to be heavily punished for selling goods on its platform.

In addition, judging from the development process of the two lawsuit of Gucci Gucci, in fact, the lawsuit of luxury goods to Alibaba is only a means. It is hoped that Alibaba can help the brand fight against fraud on the platform.

However, in view of the world status of China's "Shanzhai power" and the strength of Alibaba's channel in China, the lawsuit may be the last resort. If it is not like Tmall Burberry, it can only resort to law.