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District Court holds that eBay is Not Liable for the Sale of Counterfeit Tiffany Jewelry on its Auction Website


by Lynn B. Bayard View Biography
Lewis R. Clayton View Biography
Jay Cohen View Biography
Leslie Gordon Fagen View Biography
Carey R. Ramos View Biography
Paul, Weiss, Rifkind, Wharton & Garrison LLP View Firm Credentials
New York Office

July 31, 2008

Previously published on July 17, 2008

In an important decision applying trademark law to auction websites, the United States District Court for the Southern District of New York recently ruled in Tiffany (NJ) Inc. v. eBay, Inc., No. 04 Civ. 4607 (RJS) (S.D.N.Y. July 14, 2008), that eBay is not liable for trademark infringement based solely on its generalized knowledge that sellers might be hawking counterfeit Tiffany goods on its website.


 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.




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