Andre Yoskowitz
2 Apr 2010 22:46
In 2004, luxury jeweler Tiffany & Co. sued online auction site eBay over trademark infringement and dilution, accusing eBay of helping in the sale of counterfeit goods via the auction site.
eBay, in its defense, says they do not put any of the goods up for sale themselves, and spend millions each year to track down counterfeiters and remove any such listings.
This week a U.S. appeals court has ruled in favor of eBay, on all accounts.
"It is true that eBay did not itself sell counterfeit Tiffany goods; only the fraudulent vendors did, and that is in part why we conclude that eBay did not infringe Tiffany's mark,"reads the ruling. "But eBay did affirmatively advertise the goods sold through its site as Tiffany merchandise."
Tiffany says it is considering an appeal.