eBay beats Tiffany in court case over trademarks

EBay Inc. scored an important victory in court Monday, as a federal judge said companies such as jeweler Tiffany & Co. are responsible for policing their trademarks online, not auction platforms like eBay.

Tiffany had sued eBay in 2004, arguing that most items listed for sale as genuine Tiffany products on eBay's sites were fakes.

But U.S. District Judge Richard J. Sullivan in New York ruled that eBay can't be held liable for trademark infringement "based solely on their generalized knowledge that trademark infringement might be occurring on their Web sites."

The judge said that when Tiffany notified eBay of suspected counterfeit goods, eBay "immediately removed those listings." Although the online auction company refused to go further, by preemptively taking down suspicious listings for Tiffany jewelry, the judge said eBay didn't have to make such a move.

View: Yahoo! News

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8 Comments

As it should be, a company should have to defend its products on its own... not tell another company to do it for them... if they wanted eBay to do it, they should have to pay eBay to do it, just as anyone else would... eBay already took measures to remove anything the company said was not legit... now if the company would give eBay a list of criteria to do it themselves... then they should have to pay eBay to do that as I said before... eBay is no different then listing something in your local paper.. should your paper have to police the classifieds? sure they do basic cleanup's of ads... but they arnt forced by every company to do it...

Could you imagine if pre-eBay that newspapers would have had to guarantee that items for sale in the classifieds were not stolen or counterfeit? Give me a fracken break.

This is beyond a no brainer.

(FloatingFatMan said @ #5.1)

True, but think about it. A french company suing an american company in a french court... Who did you THINK would win? :wacko:

bien sur!

"a federal judge said companies such as jeweler Tiffany & Co. are responsible for policing their trademarks online, not auction platforms like eBay."

Well that just makes sense now, doesn't it?

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