5.6 When accessing or using the Services, you agree not to: (…)Infringe or violate the intellectual property rights or any other rights of anyone else (…)
5.7 Legal Requirements, Protection of Wish and Others
On behalf of its Members, REACT has asked Wish.com to disclose personal user information from sellers of counterfeit products. Wish.com uses a ‘real name authentication system’ to authenticate its users. This identity information is relevant for REACT to use in its onward legal actions against the sellers of counterfeit products active on Wish.com. Wish.com was not cooperative and REACT was forced to go to Court. Wish.com recalcitrated, claiming the writ to be void and questioning the competence of the Court, and REACT’s position to initiate Court proceedings. All these protests were rejected by Amsterdam Court.
Wish.com was sentenced to provide REACT with a) the identifying payment details of the 13 advertisers / sellers mentioned, more precisely the account holder information from credit card (s), Paypal, EWallet, UMPAY, PayEco, Allpay, Payoneer, PingPong, Lianlian Pay and / or other electronic payment methods, and the bank account numbers with name of the bank and ascription of the bank account, which are used under through its Platform offered infringing products and additional services of the Platform, and b) ID card data, or identity data that ContextLogic collects from the advertisers with the Chinese nationality according to its own "Real name authentication system", namely the aforementioned identity information. All this as far as applicable to the respective user and exclusively insofar as these data serve to identify the users;
under a penalty of € 5,000 for each day that it fails to comply with the conviction with a maximum of € 100,000;
Also Wish.com was condemned in the cost of this litigation, € 667 in Court fees and € 25,000 attorney’s fees.
Platforms contributing to infringement are warned: the net is closing, they cannot hide behind privacy rules when a trademark owner is asking for information about a counterfeiter.