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\def\WIPO{World Intellectual Property Organisation}
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US Second Circuit Limits Brand Owners' Ability to Stop Counterfeiting on eBay.
2010
GB 139
Details
Title
US Second Circuit Limits Brand Owners' Ability to Stop Counterfeiting on eBay.
Item Type
Journal article
Description
GB 139 June 2010 ; [28] cm
ISSN
2044-7175
Alternate Call Number
GB 139
Summary
Thomas Casagrande & Paul Van Slyke review the landmark Tiffany v eBay case and its implications for online sales of counterfeit goods. On April 1, 2010, a federal appeals court in New York issued a ruling that limits brand owners' ability to stop counterfeiting on the eBay auction website. In a case brought by the well-known luxury jeweler Tiffany & Co. against eBay, the court rejected Tiffany's claim that the law requires eBay to search out and remove the listing and sale of all counterfeit Tiffany goods on eBay. The court held that eBay's generalised knowledge that many Tiffany goods for sale on eBay are counterfeit created no liability for failing to undertake efforts to identify and exclude all listing and sale of counterfeit Tiffany goods. The court also rejected Tiffany's attempt to force eBay to stop its search engine advertising - triggered by the Tiffany trademark - of the availability of Tiffany goods on eBay.
Published
London, England: Informa, U.K. 2010.
Language
English
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