Tiffany V. EBay: Trademark Owners Beware

Law360, New York (July 16, 2008, 12:00 AM EDT) -- In the landmark case of Tiffany (NJ) Inc. and Tiffany and Company v. eBay Inc., No. 04 Civ. 4607 (July 14, 2008), the Southern District of New York ruled in favor of the popular online auction site eBay in an action brought by Tiffany’s for trademark infringement and related claims concerning the sale of counterfeit TIFFANY jewelry on eBay’s website.

Most notably, the Court held that the auction site could not be held liable for contributory infringement because although it had generalized knowledge that some of...
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