Tiffany Sues Ebay For Trademark Violation
Wednesday, July 16th, 2008Four years ago Ebay was taken to court by Tiffany & Co. for allowing Ebay members to sell fake brand name jewelry.
After being in legal battle for such a long period of time, Judge Richard Sullivan from the US district Court in Manhattan has finally ruled that Ebay had acted just fine.
Tiffany believes that Ebay is required to watch for trademarked and copyrighted material and should have removed it immediately. Ebay has disagreed and held that it was not liable for such listings unless the trademark proprietor itself reported it. Judge Sullivan made a decision that US law does not call for proactive removal.
The 66-page ruling is quoted: “The law demands a specific knowledge as to which items are infringing and which seller is listing those items before requiring Ebay to take action, the result of the application of this legal standard is that Tiffany must bare the ultimate burden of protecting its trademark.”
Another recent situation, which occurred this spring with a German court, that ordered the online auctioneer to ensure and stop the sale of fake Rolex watches.
Ebay feels that the Tiffany suit should have never happened and states, “While today’s decision is a victory for consumer choice, it is a shame that so much effort has been wasted when Tiffany could have worked with Ebay to more effectively fight counterfeits. Ebay will continue to lead the industry with innovative solutions to stop the sale of counterfeits.”