Supreme Court rejects Tiffany appeal of eBay ruling

Nov 29, 2010
The US Supreme Court on Monday rejected an appeal by luxury retailer Tiffany of a ruling that eBay cannot be held liable for trademark infringement for counterfeit items sold through its site.

The US Supreme Court on Monday rejected an appeal by luxury retailer Tiffany of a ruling that eBay cannot be held liable for trademark infringement for counterfeit items sold through its site.

Tiffany filed suit against eBay in 2004 claiming the US online auction giant should be liable for for the sale of counterfeit Tiffany silver jewelry on its website.

US District Court Judge Richard Sullivan ruled in July 2008 that the San Jose, California-based eBay was not liable.

After that ruling was upheld by an , Tiffany appealed to the Supreme Court but the court declined -- without comment -- to hear the case on Monday.

In his ruling, Judge Sullivan noted that eBay, after being informed by Tiffany of counterfeit items being sold on the website, "immediately removed those listings."

The company refused, however, to monitor and "preemptively remove listings of Tiffany jewelry before the listings became public," the judge said.

"The law does not impose liability for contributory trademark infringement on eBay for its refusal to take such preemptive steps," he said.

"The result of the application of this legal standard is that Tiffany must ultimately bear the burden of protecting its trademark," Sullivan said.

The case is similar to others in the and elsewhere on the liability of online sellers for .

In France, a court ordered in 2008 to pay damages to Louis Vuitton for selling fake luxury goods.

Explore further: Fitbit to Schumer: We don't sell personal data

add to favorites email to friend print save as pdf

Related Stories

NY court revives Tiffany's false ad claim vs. eBay

Apr 01, 2010

(AP) -- EBay Inc. might be violating false-advertising laws if it does not warn consumers that some of the Tiffany products offered by sellers on its Web site are not authentic, a federal appeals court said Thursday.

EBay wins court fight against L'Oreal in UK

May 22, 2009

(AP) -- A British court on Friday ruled that Internet marketplace eBay is not liable for bogus beauty products sold on its Web site, dealing a blow to cosmetics company L'Oreal's campaign against the online auction giant.

eBay fined in France for selling upscale perfumes

Nov 30, 2009

(AP) -- Online auction site eBay Inc. was fined euro1.7 million ($2.5 million) by a Paris court on Monday for failing to stop the sale of famous perfume brands like Christian Dior, Guerlain, Givenchy and ...

Court Denies Vonage Bid for Patent Case Retrial

May 04, 2007

A U.S. appeals court denies a request by Internet phone company Vonage Holdings that it order a retrial in the patent infringement case brought against it by Verizon Communications.

EBay calls on EU to change luxury brand rules

Sep 17, 2009

(AP) -- EBay Inc. called Thursday on the European Union to change antitrust rules that allow luxury manufacturers to choose who can sell their branded goods online.

Recommended for you

US warns shops to watch for customer data hacking

11 hours ago

The US Department of Homeland Security on Friday warned businesses to watch for hackers targeting customer data with malicious computer code like that used against retail giant Target.

Fitbit to Schumer: We don't sell personal data

Aug 22, 2014

The maker of a popular line of wearable fitness-tracking devices says it has never sold personal data to advertisers, contrary to concerns raised by U.S. Sen. Charles Schumer.

Should you be worried about paid editors on Wikipedia?

Aug 22, 2014

Whether you trust it or ignore it, Wikipedia is one of the most popular websites in the world and accessed by millions of people every day. So would you trust it any more (or even less) if you knew people ...

Philippines makes arrests in online extortion ring

Aug 22, 2014

Philippine police have arrested eight suspected members of an online syndicate accused of blackmailing more than 1,000 Hong Kong and Singapore residents after luring them into exposing themselves in front of webcam, an official ...

Google to help boost Greece's tourism industry

Aug 21, 2014

Internet giant Google will offer management courses to 3,000 tourism businesses on the island of Crete as part of an initiative to promote the sector in Greece, industry union Sete said on Thursday.

User comments : 0