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  Supreme Court ruling: eBay, counterfeit listings

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Author Topic:   Supreme Court ruling: eBay, counterfeit listings
SpaceAholic
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Posts: 3023
From: Sierra Vista, Arizona
Registered: Nov 1999

posted 11-29-2010 04:08 PM     Click Here to See the Profile for SpaceAholic   Click Here to Email SpaceAholic     Edit/Delete Message   Reply w/Quote
Wall Street Journal: Court Rejects Tiffany Challenge on eBay
The U.S. Supreme Court refused Monday to consider a Tiffany & Co. lawsuit against eBay Inc. over the sale of counterfeit jewelry on the online auction website.

In the closely watched suit, Tiffany alleged eBay was liable for infringing the jeweler's trademarks because it facilitated the sale of counterfeit Tiffany items.

Two lower courts sided with eBay, saying the auctioneer couldn't be held liable unless it had specific knowledge that particular items might be counterfeit. General knowledge by eBay that its site is used to sell counterfeit items isn't enough to establish trademark infringement liability, the courts said.

The Supreme Court, without comment, rejected Tiffany's challenge to those rulings.

mjanovec
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Posts: 3593
From: Midwest, USA
Registered: Jul 2005

posted 11-29-2010 04:17 PM     Click Here to See the Profile for mjanovec   Click Here to Email mjanovec     Edit/Delete Message   Reply w/Quote
What happens when Tiffany tells eBay exactly which items being sold are counterfeits? Does any liability then get placed on eBay as a result, when they can no longer claim ignorance over what is a counterfeit?

Of course, the same could be said for autographs too. There are sellers out there who continue to profit off of poorly made forgeries, just because eBay won't respond to reports of forgeries.

All times are CT (US)

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