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eBay wins trademark lawsuit against Tiffany

by Elisabeth Young on Jul 17, 2008 at 09:06 PM

eBay wins trademark lawsuit against Tiffany

A decision by US District Judge Richard Sullivan has spared eBay of the damages of a trademark lawsuit filed by Tiffany, a popular luxury jewelry brand. The court has recognized the appropriate actions taken by eBay in removing the listings and suspending the service for sellers who offer counterfeit goods. It was also discovered that some of the goods thought to be “counterfeit” were actually legitimate, second-hand items.

The judge’s ruling also points out that company that carries the brand should be the one responsible for protecting their brand from counterfeiting. Therefore, Tiffany is expected to be the party responsible for policing the sale of their goods. The court ruling expressed the over controlling action of Tiffany over online sales at eBay.

Because of the result of the case, the perception is that the posters or sellers should be the one responsible for posting any good to offer online. It is not eBay who holds this accountability.

Nicholas Sharp, an eBay spokeswoman claimed that, “The court ruling reaffirms we have been doing enough to keep counterfeit off the site.”

Tiffany on the other hand, is displeased with the court decision, stating that the ruling was an “erroneous reading of the law,” as expressed by mark Aaron, a Tiffany vice president.

eBay is a top online marketplace on the Internet that offers a virtual venue for sellers and buyers to interact for acquiring and selling goods. Tiffany, on the other hand is a popular luxury brand known for producing sterling silver and crystal.

Read [SiliconValley]

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