Feeds

Judge sides with eBay in fake jewelry spat

Trademark at Tiffany's

Security for virtualized datacentres

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. ®

Beginner's guide to SSL certificates

More from The Register

next story
The 'fun-nification' of computer education – good idea?
Compulsory code schools, luvvies love it, but what about Maths and Physics?
Facebook, Apple: LADIES! Why not FREEZE your EGGS? It's on the company!
No biological clockwatching when you work in Silicon Valley
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
Ex-US Navy fighter pilot MIT prof: Drones beat humans - I should know
'Missy' Cummings on UAVs, smartcars and dying from boredom
Yes, yes, Steve Jobs. Look what I'VE done for you lately – Tim Cook
New iPhone biz baron points to Apple's (his) greatest successes
Lords take revenge on REVENGE PORN publishers
Jilted Johns and Jennies with busy fingers face two years inside
Sysadmin with EBOLA? Gartner's issued advice to debug your biz
Start hoarding cleaning supplies, analyst firm says, and assume your team will scatter
Edward who? GCHQ boss dodges Snowden topic during last speech
UK spies would rather 'walk' than do 'mass surveillance'
Doctor Who's Flatline: Cool monsters, yes, but utterly limp subplots
We know what the Doctor does, stop going on about it already
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Three 1TB solid state scorchers up for grabs
Big SSDs can be expensive but think big and think free because you could be the lucky winner of one of three 1TB Samsung SSD 840 EVO drives that we’re giving away worth over £300 apiece.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.