• Tiffany v. eBay -- A Free Pass For On-line Retailers?
  • June 7, 2010 | Author: Timothy J. Kelly
  • Law Firm: Fitzpatrick, Cella, Harper & Scinto - New York Office
  • The Second Circuit Court of Appeals’ recent decision in Tiffany (NJ) Inc. and Tiffany & Co. v. eBay, Inc. (630 F.3d 93 (2nd Cir. 2010)) affirmed the district court’s decision that on-line retailer eBay was not liable for trademark infringement or dilution based on the sale of counterfeit goods via the retailer’s website. As a result, eBay was not found liable for facilitating the infringement of the famous TIFFANY® trademark despite the fact that it was admittedly aware that counterfeit TIFFANY-branded items were being sold through its on-line marketplace. Given this ruling, a question arises: does the decision in Tiffany mean that on-line retailers can look the other way and simply permit infringing articles to be sold without fear of liability?