Feeds

Judge sides with eBay in fake jewelry spat

Trademark at Tiffany's

Secure remote control for conventional and virtual desktops

A federal judge has sided with eBay in its long-running legal battle with jewelry giant Tiffany & Co.

In 2004, Tiffany sued eBay for trademark infringement, claiming the online auctioneer failed to prevent the sale of fake Tiffany jewelry on its site, and today, Judge Richard Sullivan of the US District Court in Manhattan ruled that eBay had behaved just fine.

Tiffany argues that eBay is obligated to actively monitor and remove listings for trademarked and copyrighted material. But eBay has always maintained it's not responsible for such listings unless it's notified by the trademark holder. In the end, Judge Sullivan decided that proactive removal isn't required by US law.

"The law demands more specific knowledge as to which items are infringing and which seller is listing those items before requiring eBay to take action," reads the 66-page ruling. "The result of the application of this legal standard is that Tiffany must bear the ultimate burden of protecting its trademark."

It was a much-needed legal win for eBay. A French judge recently sided with LVHM - maker of Louis Vuitton handbags - in a similar suit, ordering eBay for fork over $60m in damages. And this spring, a German court ordered the online auctioneer to preemptively prevent the sale of fake Rolex watches.

In a statement tossed our way, eBay said that the Tiffany suit should never have happened. "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," the company said. "eBay will continue to lead the industry with innovative solutions to stop the sale of counterfeits.".

But don't think this is over. You can bet that Tiffany will appeal. ®

Gartner critical capabilities for enterprise endpoint backup

More from The Register

next story
Microsoft exits climate denier lobby group
ALEC will have to do without Redmond, it seems
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
Barnes & Noble: Swallow a Samsung Nook tablet, please ... pretty please
Novelslab finally on sale with ($199 - $20) price tag
Ballmer leaves Microsoft board to spend more time with his b-balls
From Clippy to Clippers: Hi, I see you're running an NBA team now ...
Kate Bush: Don't make me HAVE CONTACT with your iPHONE
Can't face sea of wobbling fondle implements. What happened to lighters, eh?
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
Amazon takes swipe at PayPal, Square with card reader for mobes
Etailer plans to undercut rivals with low transaction fee offer
Assange™: Hey world, I'M STILL HERE, ignore that Snowden guy
Press conference: ME ME ME ME ME ME ME (cont'd pg 94)
Call of Duty daddy considers launching own movie studio
Activision Blizzard might like quality control of a CoD film
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
7 Elements of Radically Simple OS Migration
Avoid the typical headaches of OS migration during your next project by learning about 7 elements of radically simple OS migration.
BYOD's dark side: Data protection
An endpoint data protection solution that adds value to the user and the organization so it can protect itself from data loss as well as leverage corporate data.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?