In a long-awaited decision in a four-year-old trademark lawsuit against ebay brought by the jeweler tiffany & company, judge richard j sullivan of the federal district court in manhattan ruled that the online retailer does not have a legal responsibility to prevent its users from selling counterfeit items on its. Citation tiffany (nj) inc v ebay, inc, 600 f3d 93, 2010 us app lexis 6735, 94 uspq2d (bna) 1188, 2010-1 trade cas (cch) p77,013 (2d cir ny apr. Ruling is also at odds with a recent us decision, tiffany (nj), inc v ebay, inc,21 which held that companies like ebay cannot be held liable for trademark infringement based solely on their “generalized knowledge” that trademark infringement might be occurring on their site, and that is it not the online auction site but the. The supreme court said on monday that it rejected an appeal by tiffany & co ( tifn) arguing that ebay inc (ebayo) should be held liable for trademark infringement for selling counterfeit goods on its website.
A summary and case brief of tiffany inc v ebay inc, including the facts, issue, rule of law, holding and reasoning, key terms, and concurrences and dissents. Interestingly, the facts of the united states case are substantially similar to the french cases: luxury-goods trademark owners sue ebay for contributory trademark infringement for the sale of counterfeit goods through ebay's website[ 56] first, in tiffany (nj) inc v ebay inc, tiffany & co, the famous jeweler,. See inwood labs, inc v ives labs inc, 456 us 844, 854 (1982) indeed, the supreme court has specifically disavowed the reasonable anticipation standard as a “watered down” and incorrect standard id at 854 n13 here, when tiffany put ebay on notice of specific items that tiffany believed to be. On appeal, in tiffany (nj) and tiffany & co, v ebay, inc, the second circuit took a fresh look, starting with the claim that ebay's use of tiffany and other marks in the auction listing was direct trademark infringement because consumers were likely to be confused as to the origin of the goods the court stated the general.
Tiffany “buying programs” to test degree of counterfeit merchandise sold on ebay • ebay anti‐counterfeiting measures, “fraud engine,” vero program “about me” page on ebay whose content is provided by tiffany • ebay advertising of brands like tiffany • dist ct bench trial opinion in favor of ebay on: direct trademark. The second circuit recently issued its decision in tiffany (nj) inc v ebay inc, 08- 3947 (2d cir april 1, 2010), affirming in part the southern district of new york's decision that ebay was not directly or secondarily liable for trademark infringement or dilution however, the appeals court remanded tiffany's false.
Oct 8, 2008 i'm told, by the earlier rulings in the ricardode case i don't have an english translation of the actual ebay case the german language rolex v ebay ruling is here] united states (for convenience and completeness) july 14, 2008: tiffany inc v ebay in the us district court, sdny tiffany v ebay. Apr 1, 2010 by eric goldman tiffany (nj) inc v ebay inc, 2010 wl 1236315 (2d cir april 1, 2010) in a subtle opinion with potentially significant implications, ebay has preserved most of its big 2008 district court victory in the long-running tiffany v ebay case however, as seems to be the norm with federal appellate. Ebay inc,4 the first us case that addressed the secondary liability of an online market in tiffany v ebay, the court dismissed all claims against ebay, reasoning that “it is the trademark owner's burden to police its mark, and companies like ebay cannot be held liable for trademark infringement based.
Tiffany (nj) inc and tiffany and company v ebay, inc 600 f3d 93 (2d cir 2010) sack, circuit judge: ebay, inc (ebay), through its eponymous online marketplace, has revolutionized the online sale of goods, especially used goods it has facilitated the buying and selling by hundreds of millions of people and.
The international trademark association (“inta”) submits this brief as amicus curiae in support of the petition for a writ of certiorari to the united states court of appeals for the second circuit to review its decision in tiffany (nj) inc v ebay, inc, 600 f3d 93 (2d cir 2010) (app 1a-43a) both parties have consented. To hold a defendant liable for contributory trademark infringement, a plaintiff must prove that it knew or had reason to know of specific acts of infringement the court enunciated this rule in tiffany (nj) inc v ebay, inc, where it applied contributory liability doctrine to an online marketplace for the first time while the court.
September 2010 issue civil cases tiffany (nj) inc v ebay, inc, 2010 wl 3733894 (sdny sept 10, 2010) by danny m awdeh abstract the southern district of new york ruled against tiffany on its final remaining claim for false advertising in its long-running litigation against ebay over the sale of counterfeit tiffany. And 2007, tiffany's customer service department received thousands of complaints about counterfeit tiffany items purchased through ebay) 4 see infra, part ii(c) 5 see infra, note 30 6 see generally tiffany (nj) inc v ebay inc, 600 f3d 93 (2d cir 2010) (jewelry maker sues ebay for secondary trademark infringement). After my talk, i was asked whether the 2010 second circuit court of appeals decision tiffany inc v ebay inc effectively addresses the concern about a lack of safe harbor for 3d isps – specifically sites that allow for the creation, uploading and sharing of 3d content (and i admit i didn't even remember the. Ebay inc applauds court's rejection of tiffany counterfeit claims court's ruling reaffirms consumer choice for authentic merchandise san jose, calif — monday, july 14, 2008 — ebay inc (nasdaq: ebay wwwebaycom) today praised a federal judge's ruling in the tiffany vs ebay trademark case, affirming the company's.