The 2nd Circ. Stance On Tiffany V. EBay

Law360, New York (April 6, 2010, 10:28 AM EDT) -- On April 1, 2010, the U.S. Court of Appeals for the Second Circuit affirmed most aspects of the decision of the U.S. District Court for the Southern District of New York in Tiffany v. eBay.

Tiffany v. eBay is significant because it addresses whether the online auction site eBay may be liable under theories of trademark infringement or dilution for sales of counterfeit goods made through its site. Tiffany also addresses whether eBay may be liable for false advertising under these circumstances.

As we have previously...
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