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Tiffany Strikes Out In Bid To Hold eBay Contributorily Liable For Trademark Infringement Occurring On The eBay Website by Timothy J. Kelly
Fitzpatrick, Cella, Harper & Scinto - New York Office
Timothy Kelly
Fitzpatrick, Cella, Harper & Scinto - New York Office
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April 29, 2009
Previously published on November 11, 2008
Famous blue-box jewelry maker Tiffany was unsuccessful in its recent bid to shift the burden for policing its TIFFANY mark to eBay, the operator of the well-known on line marketplace. Proceeding under a theory of contributory infringement, Tiffany sought to hold eBay liable for trademark infringement based on the sale of counterfeit TIFFANY silver jewelry occurring on the eBay marketplace. The court, however, concluded that Tiffany, as the trademark owner, had the responsibility for policing its marks, and that eBay, despite being aware that counterfeit TIFFANY jewelry products were routinely sold on-line by third parties, could not be held accountable for trademark infringement based merely on "generalized" knowledge of the activity.
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