All Not Lost For Retail In Wake Of Tiffany V. EBay

Law360, New York (July 23, 2008, 12:00 AM EDT) -- Initial press coverage of Monday’s decision in Tiffany (NJ) Inc. v. eBay Inc. presented the decision as a sweeping victory for eBay and a devastating defeat for brand owners, particularly those in the luxury and other high-end retail industries.

Judge Richard Sullivan of the United States District Court for the Southern District of New York, following a bench trial, ruled in eBay’s favor on each claim brought by Tiffany, including direct and contributory trademark infringement and false advertising.

A closer reading of the lengthy opinion, however,...
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