The 2009 holiday season thus far is revealing much stronger online sales figures than what was witnessed in 2008, market-research firm ComScore announced late Wednesday.
According to the company, which has monitored spending for the first 30 days of the November-December shopping season, sales are up 3 percent to $12.26 billion, compared to the same period in 2008. Cyber Monday sales hit $887 million in online spending, tallying a 5 percent gain over the same day last year. That amount also matched "the biggest spending day on record, December 9, 2008."
"We've seen an encouraging start to the online holiday shopping season and it would appear that retailers' aggressive and early marketing efforts have so far succeeded in persuading consumers to open their wallets online," ComScore chairman Gian Fulgoni said in a statement. "Thanksgiving Day and Black Friday were atypically strong online sales days this year, and Cyber Monday has continued that trend by outperforming the season-to-date average growth rate and matching last year's record day of $887 million in online spending."
The good news doesn't stop there. Cyber Monday also saw an increase in the number of buyers, ComScore found. The total number of online buyers grew 6 percent to 8.7 million people. That said, the average amount each person spent dropped 2 percent to $102.19.
True to the day's origins, the majority of sales originated from work computers. The company found that 52.7 percent of all purchases were completed in the office. Just 41.6 percent of shoppers picked up items from home, ComScore said.
ComScore wasn't the only company reporting strong numbers this week. eBay said that Cyber Monday transactions outpaced Black Friday's by a whopping 35 percent. More than 2.4 million transactions were completed on Black Friday and Cyber Monday, eBay said. The site even has a heat-map graphic that shows how the transactions pored in over the course of those days.
ComScore and eBay's data follows another strong report from marketing-optimization company Coremetrics, which said earlier this week that sales were up 13.7 percent at some online retailers that it received data from.
eBay is criticizing a French court's ruling that orders the company to pay a $2.55 million fine to European conglomerate LVMH.
The auction giant and its European unit were fined 1.7 million euros on Monday by the Commercial Court of Paris, which ruled that the company violated a 2008 court order by not preventing the sale of legitimate LVMH perfumes and cosmetics. LVMH's brands include Christian Dior, Guerlain, and Givenchy perfumes.
In June 2008, the Commercial Court fined eBay $61 million in a lawsuit filed by the conglomerate, which is officially known as LVMH Moet Hennessy Louis Vuitton. LVMH had asserted that eBay had not done enough to stamp out the sale of fake LVMH goods on its site. The court went a step further, ruling that eBay-traded LVMH products--even authentic ones--were not being sold by an authorized reseller. As a result, eBay was ordered to remove all listings of these products.
eBay criticized the ruling then, saying it was an attempt by LVMH to "protect uncompetitive commercial practices." eBay likewise condemned the new ruling.
"Today's outcome hurts consumers by preventing them from buying and selling authentic items online," Alex von Schirmeister, general manager of eBay in France, said in a statement. "The injunction is an abuse of 'selective distribution.' It effectively enforces restrictive distribution contracts, which is anti-competitive."
Despite its objections, eBay argued that it has complied with the 2008 court order. The company said it has used state-of-the-art filtering software to check millions of listings each day, making thousands of authentic LVMH products invisible or inaccessible to French eBay users.
eBay also discounted the proof brought against it, claiming that LVMH offered details on only 1,341 listings out of 200 million posted on the auction site each day. eBay believes those listings were deliberately posted by people to sneak past the filters. In 1,091 of the listings targeted by LVMH, the seller did not accurately describe the item, using misspelled brand names, no brand names at all, or only pictures to describe the product.
As a result, eBay asserts that both the fine and ruling are unjustified. The fine itself is disproportionate given that eBay complied with the injunction," said von Schirmeister. "It is out of step with our legal victories in France, U.K., Germany, Belgium and the U.S."
eBay plans to appeal the new ruling and two other cases tied to LVMH. "We believe that the higher courts will overturn this ruling and ensure that e-commerce companies such as eBay will continue to provide a platform for buyers and sellers to trade authentic goods," said von Schirmeister.
eBay has been in and out of U.S. and European courtrooms for years, sued by companies trying to clamp down on the sale of fake versions of their legitimate products. It's faced courtroom battles with several European powerhouses, winning cases against L'Oreal and Tiffany, but losing suits filed by LVMH.
eBay is playing virtual Santa this holiday season with a free "Deals" app for the iPhone that leads consumers to the better buys on the auction site.
Launched Tuesday, eBay Deals is designed to deliver a stream of the best deals on the site from across hundreds of millions of listings. Like eBay Mobile, the company's regular iPhone app, Deals lets you search, shop, and pay for your items from your iPhone or iPod Touch.
All featured deals spotlight items with no bids, no reserve price, free or fixed-rate shipping, and less than four hours remaining to bid.
You can browse deals across eight categories, including apparel, computers, electronics, and collectibles. If you spot a deal you like, just tap on it, and its listing pops up where you can watch it or bid on it. Not crazy about the current deals? Just shake your iPhone or iPod Touch, and a new set of deals appears.
If you spot a deal that may be better for someone else, you can e-mail it or share it via your Facebook or Twitter account.
Besides browsing eBay's virtual aisles, you can search for your own deals by entering a product name, category, and price range. You can save your customized search results to return to them later.
Starting Friday, eBay will also be unveiling a "12 Days of Deals" feature promoting a new promotion each day until December 8. Friday's deal will offer Samsung's N120 Netbook.
"As the world's leading online marketplace we have insights into how people really want to shop...and they clearly want to shop on their phones," eBay Marketplaces President Lorrie Norrington said in a statement.
Though designed for the mobile crowd, eBay's daily deals can also be found online at the auction site's Deals page.
eBay has been busy lately sprucing up its mobile auction site for the holidays. The vendor recently added social networking to its eBay Mobile app, letting you share a listing through e-mail, Facebook, or Twitter.
Since its launch in 2008, eBay's mobile app has been downloaded more than 5 million times, said the company. With a purchase made every two seconds, the company said, more than $500 million worth of items are likely to be traded through eBay mobile this year.
eBay on Sunday confirmed that a "technical issue" had caused search queries on the auction site to be messed up over the weekend, resulting in limited or no search results. The company says that it's being cautious, though, and is holding back on some advanced search features until the issue is fully solved.
"We are happy to report that critical search functionality was restored overnight on Saturday and we are seeing normal activity levels today," a post on the company's eBay Ink blog read Sunday. "As part of our effort to restore critical search functionality as quickly as possible for sellers and for buyers, we have kept some secondary search features temporarily offline. This includes refining search by certain item specifics, such as color or clothing size, and having Store Inventory Format results included in the main search results."
In a statement, eBay also said the technical issue was caused by "a surge in live listings as sellers ramp up for the holiday season. eBay currently has more than 200 million live listings, 33 percent more than at this time a year ago."
Some eBay members still weren't satisfied with the explanation. "I had a one day auction ending today, (and) no one was obviously able to bid on it because they couldn't search for it," one commenter said on the eBay Ink blog. "Will I get a credit for this?"
"eBay should credit all sellers with active listings during this time," another said. "These issues have cost sellers many bids and sales. Once again eBay is screwing sellers."
Much like Twitter's today, outages at eBay were rather prominent in the company's early days. They're not too frequent anymore. But this one came at a time when there are some sentiments of malaise among eBay sellers, some of whom use the auction site to make a living, and when it also faces increased competition in the e-commerce sector.
An analyst release from JP Morgan Chase said that it did not anticipate the outage would have an effect on eBay's fourth-quarter earnings. But, it contained a warning: "Although we recognize it is virtually impossible for a site of this complexity to not encounter occasional issues," the report from analyst Imran Khan read, "we continue to believe that eBay needs to make greater investments in the robustness and functionality of its site in order to remain competitive within the e-commerce space."
Sold!
Auction site eBay has, as long anticipated, sold off the Skype telephony service to a group of investors that includes Marc Andreessen's new Andreessen Horowitz group, Silver Lake, and the Skype co-founders' Joltid Ltd. The investor group now holds about 70 percent of the company; eBay retains the rest in a minority stake. Joltid was brought into the investor group as part of the settlement of a copyright suit that the Skype co-founders, Janus Friis and Niklas Zennstrom, filed against eBay over Skype's technology. At one point, that dispute was looking so ugly that eBay was reportedly considering rebuilding Skype's technology altogether.
The sale amounted to approximately $1.9 billion in cash and a note from the buyer in the principal amount of $125 million, for a total of $2.025 billion.
eBay's plans to get rid of Skype, a purchase that had never fit quite well into its auction business, had been well-publicized. Last spring, the company formally announced that it planned to spin off Skype as a publicly traded company in the first half of 2010.
The final $2.75 billion valuation is only slightly higher than the $2.6 billion that eBay originally acquired Skype for in 2005.
Tuesday's post on using Craigslist to buy secondhand concert tickets drew a response from a company called FanSnap, which uses live feeds to aggregate ticket listings from online marketplaces and broker sites (such as StubHub and TicketNetwork) and eBay auctions.
FanSnap would argue Craigslist is fine for price-sensitive fans who don't need to go to a particular show and who are willing to meet and negotiate with other individuals, pay cash where necessary, and run the risk of buying a fake ticket. (Although the only time I've ever seen a fake concert ticket was in 1989 on the streets of Manhattan, when I bought a very realistic counterfeit to a Jane's Addiction show at the Ritz.)
Fans who want a slightly more convenient buying experience might go with eBay, where they can use PayPal and rely on seller ratings, while fans who absolutely need a guaranteed ticket can go with a marketplace like StubHub, which offers a toll-free customer service line, money-back guarantee, and other benefits. FanSnap operates on an affiliate-oriented revenue model, so it gets a commission from sites on which sales are made.
FanSnap shows you where tickets are located in a seating chart of the venue.
I ran a search on FanSnap for Pixies tickets, and it found more than 70 listings for the sold-out show this Friday, compared with about 30 listings on Craigslist. (The Craigslist screenshot in Tuesday's post showed only listings that had been added on that day.) Prices were similar to Craigslist--lower in a few cases--and the site has some great design touches, like a seating chart of the venue that maps tickets to particular locations. Craigslist, of course, is purposely and resolutely lo-fi. I still think there's something refreshing about dealing with a real fan, face to face, but I can see reasons why others wouldn't want to.
Correction at 8:00 a.m. PDT, Nov. 12: This post mischaracterized how FanSnap aggregates ticket listings. The site uses live feeds from its sources, which allows ticket listings to be updated immediately as prices change.
Online auction giant eBay announced Friday that its sale of a controlling interest in its Skype unit will proceed, following the settlement of litigation over the proposed transaction.
The settlement restructures the deal with an investor group led by Silver Lake and puts an end to a dispute with software maker Joltid over the licensing of software that underlies Skype's Internet telephony service.
In addition, the settlement brings Skype and Joltid founders Niklas Zennström and Janus Friis, into the investor group. The duo will take a 14 percent stake in Skype in exchange for contributing Joltid software and a "significant capital investment."
Silver Lake and other investors will now hold 56 percent of Skype, and eBay will retain 30 percent. Those other investors include the venture capital firm Andreessen Horowitz--started by Marc Andreessen, the man behind the early Web browser Netscape--and the Canada Pension Plan Investment Board.
Venture capital firm Index Ventures, which had been embroiled in the legal action, has withdrawn from participation in the investor group.
As in the initial agreement, eBay will receive approximately $1.9 billion in cash when the sale is completed, along with a note from the buyer in the principal amount of $125 million.
The deal, which eBay says puts Skype's value at $2.75 billion, is expected to close during the current quarter.
Under the settlement agreement, which involves the Silver Lake investor group, Joltid, and online video company Joost, Skype will have ownership over all software previously licensed from Joltid. All related litigation now pending against the investor group and eBay will cease at the closing of the acquisition.
Zennström and Friis had sold Skype to eBay for $2.6 billion in 2006, but they had also retained the rights to Skype's peer-to-peer technology via Joltid, a separate company that they had also founded. In its lawsuit filed in September of this year, Joltid raised charges of copyright infringement, alleging that Skype had acquired unauthorized versions of the source code, made unauthorized modifications, and disclosed the software to third persons.
Also in September, Joost--yet another company started by Zennström and Friis--filed a lawsuit against former Joost CEO Mike Volpi, who two months earlier had become partner at Index Ventures, which also was named in the lawsuit. Joost claimed that Volpi, who had done a stint on Skype's board of directors, had used confidential information as part of Index Ventures' participation in the Silver Lake-led effort to buy a majority share in Skype.
In the third quarter, Skype contributed $185 million in revenue to eBay, up nearly 30 percent from the year-earlier period. It has more than 520 million registered users.
Update at 8:10 a.m. PST: More details of the settlement have been added.
BoomTown--fresh from slapping around sixth-graders caught in a Bing-stupor and restaurant-seeking vampires from Microsoft--is not quite sure what to think of another new advertising campaign from an Internet giant.
This time, it is coming from eBay.
With the tagline, "Come to think of it, eBay," the ads start Monday, according to a report in The Wall Street Journal, to "boost its standing as a holiday shopping destination."
Interestingly, the new marketing campaign in print, television, and online--the first for the Web commerce giant in 18 months--has been crafted by San Francisco-based Goodby, Silverstein & Partners, which has also just nabbed the lead role in the $100 million advertising campaign by Yahoo.
A previous eBay ad campaign.
(Credit: Screenshot by The Wall Street Journal)Goodby, owned by the Omnicom Group, is known for its innovative ideas and has done such memorable campaigns as the Slowsky turtles for Comcast, the weird folk of Emerald Nuts, owned by Diamond Foods, as well as campaigns for tech companies such as Hewlett-Packard, Adobe Systems, and Netflix.
Still, Goodby might be getting a little too cute here, because "come to think of it" could remind consumers exactly how much they have forgotten about eBay.
At best, "come to think of it" is a double-edged sword.
In a good scenario: "Come to think of it, I really haven't listened to my 'Frampton Comes Alive' album in forever and I really want to hear it again."
In a bad scenario: "An old girlfriend of mine is trying to friend me on Facebook--but, come to think of it, she was pretty freaky and I am very scared she found me again."
You get the idea! Come to think of it: play at home!
Actually, according to the Journal story, Lorrie Norrington, president of eBay's marketplace operations, is pushing a different meaning of the phrase, "to shift the buyer perception of what eBay is today."
It has to since San Jose, Calif.-based eBay has seen its core marketplace business suffer, even as it has advertised less.
Here's a video of one of the new ads.
For more videos, see the original story.
Story Copyright (c) 2009 AllThingsD. All rights reserved.
Additional stories from AllThingsD
General Motors' pilot program to sell cars on eBay has reached the end of its road. The automaker said it's concluding the program as scheduled, effective Wednesday.
Launched on August 11, the eBay Motors pilot program offered California auto buyers new GM cars, which they could either negotiate for or "Buy it now" at the discounted selling price.
(Credit:
eBay Motors)
Initially set to expire September 8, the program was extended by GM until the end of the month.
The financial success of this pilot may be difficult to gauge. Earlier reports suggested that few sales were being generated. But GM discovered that tracking actual sales was more challenging than expected.
"Nobody's ever done this before, to sell new cars on eBay," said GM spokesman John McDonald. "So the whole point of the pilot was to learn some lessons. And one of the lessons we learned is that it's very difficult to track sales if they're not made directly through eBay. Unless you can tie a sale to an eBay interaction, it's difficult to come up with sales numbers. So we learned that we have to find a better way to (track sales.)."
The company has been encouraged by the figures it was able to track. Around 16,000 vehicles were listed online for the pilot, with more than 225 dealers participating. GM's eBay Motors site attracted 1.5 million visitors during the six-week period, said McDonald, with a total of 1.9 million searches conducted for vehicles. More than 15,000 leads were generated for dealers from potential new car buyers.
"The real intent of the program at the time and the reason we did it in California was that we wanted to raise awareness and consideration of GM products among people who wouldn't typically shop GM," said McDonald. The company wanted to target people who wouldn't normally go to Chevy.com or Buick.com, but would go to eBay to shop.
"Being the first manufacturer out there to put new vehicles online, I think in just that six-week period, it shows you that there were a lot of people looking at these vehicles who weren't looking at those vehicles before," said McDonald.
Unlike the typical eBay seller, GM wasn't auctioning off vehicles at bargain-basement prices, which may have dissuaded some buyers. "We're not fire-selling vehicles on eBay," explained McDonald. "There's a certain amount of user education in that, and a certain amount of dealer education."
A story in Wednesday's Wall Street Journal (subscription required) reported that some dealers found they wasted time pouring through unrealistically low-ball bids that would never result in an actual sale.
McDonald said he understands where the dealers are coming from, and that's something GM can learn from if the company decides to roll out the program nationally next year.
"But the interesting thing about the comment is that they're interacting with customers who didn't even talk to them before," said McDonald. "Is it an offer that you may not be able to take? Probably. But are you talking to someone who wasn't even looking at GM products before? Yeah, you are. So now you've established a contact, and that's a big part of what we were trying to do with the program."
McDonald said a number of dealers liked the chance to extend their showrooms online. But reactions varied. Dealers who already used the Internet as part of their business knew how to work with the program. Dealers who weren't already online ran into more difficulty.
For its next step, GM will review the customer and dealer feedback and the lessons it learned to see if this program can fit in with the company's marketing plans moving forward. McDonald is optimistic. "We'd love to work with eBay next year to do something on a national level," he said. "But what that looks like and what the timing would be will depend on the results of this test."
Mike Volpi's battle with his former employer Joost is now headed to court.
Joost announced on Friday that it has filed a lawsuit against Volpi, alleging that the former CEO used trade secrets and other confidential information in a bid to acquire a majority share in Skype from eBay.

The lawsuit comes just days after Joost relieved Volpi of his duties as chairman and a member of the board, saying that it was investigating his actions while he was chairman.
The fracas has its roots in the complicated relationship between online video provider Joost and VoIP provider Skype.
Joost was launched in 2006 by Janus Friis and Niklas Zennstrom, who also co-founded Skype. Volpi met and befriended the pair after serving on Skype's board of directors.
Once considered a contender for CEO at his former company Cisco, Volpi was tapped by Friis and Zennstrom to become CEO of Joost in June of 2007.
After a two-year stint, Volpi left Joost this past July to take a position as a partner at the venture capital firm Index Ventures. This same firm was part of a group that made a deal to buy a 65 percent share of Skype from eBay.
The question of Skype ownership between eBay and Friis and Zennstrom has been a dicey one. Though they sold Skype to eBay in 2006, Friis and Zennstrom kept certain rights via a company they formed called Joltid, and claim they still own the core technology and source code behind Skype. A licensing issue between the two companies triggered a suit that's set to hit a U.K. courtroom next summer. And a separate copyright suit was filed by Joltid this week in Northern California alleging Joltid's technology is being infringed on by Skype users "in the United States at least 100,000 times each day."
Joost's lawsuit filed against both Volpi and Index Ventures alleges that Volpi accessed and used confidential information while at Joost to help his group's bid for Skype. It alleges breach of fiduciary duty against Volpi and Index Ventures, aiding and abetting breach of fiduciary duty against Index, interference with prospective business advantage, misappropriation of trade secrets, breach of contract against Index, breach of confidence, and civil conspiracy.
Joost is looking for an injunction requiring Volpi and Index Ventures to return all confidential documents and files that were allegedly taken from Joost. The suit also is seeking to prevent both defendants from using the alleged misappropriated trade secrets.
Among the specific claims in the suit:
"This action arises out of the acts of a faithless fiduciary, who has taken advantage of the trust and confidence placed in him to steal confidential, highly proprietary information relating to an extremely popular Internet-based technology...Using that misappropriated information and in utter disregard for his fiduciary obligations, Volpi, acting in concert with other participants, put together a successful bid for Skype that has shocked the investment community."
"Numerous sophisticated strategic bidders (including, among others, Google and Microsoft) who initially expressed an interest in Skype could not get comfortable proceeding with formal bids. The reluctance of these sophisticated parties is hardly surprising given that intellectual property that is essential to Skype's business currently hangs under a cloud of litigation. Yet somehow the successful bidder, led by Volpi, was able to get comfortable with the enormous risks of proceeding with a Skype transaction. That comfort level could have been obtained only with knowledge of and an intent to use confidential information that had been misappropriated by Volpi..."
A phone call placed to Index Ventures for comment was not immediately returned.
Joost was launched more than two years as another portal for online videos but has struggled to gain a foothold in the market against competitors such as YouTube and Hulu.
Note: CBS, which owns CNET News, is investor in Joost.





