EBay: A Tale of Two Defenses

Law360, New York (August 22, 2008, 12:00 AM EDT) -- To paraphrase Charles Dickens: it was the best of defenses; it was the worst of defenses.

There was a retailer of luxury items, which many consumers coveted and desired at less than full price, headquartered in France; there was a retailer of luxury items, which many consumers coveted and desired at less than full price, headquartered in the United States.

In both countries, there was an electronic auction broker which offered third parties the opportunity to auction off their secondhand goods to the world at severely...
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