Legally Yours. eBay Survives Another Trial.

July 14, 2008 • Fashion


After coming under a harsh decision in their case against Louis Vuitton, eBay has finally come out on top against Tiffany & Co. In a strikingly similar case, the court ruled this time in favor of eBay, "casting aside claims brought against the online auction house by
Tiffany & Co. that counterfeits of its goods are improperly being
sold through the Web site," according to WWD. Apparently this case differs from the first in Tiffany’s job of "policing its own mark." The company lost the case because it "failed in its burden to prove claims that eBay was liable for trademark
infringement and dilution, false advertising and unfair competition for
facilitating the sale of counterfeit goods."

eBay seems to have stuck with its signature argument, that it is just a marketplace for goods that it never physically possesses, and that therefore it’s not responsible to monitor counterfeits.  More details about the ruling should be appearing soon.

For info about the case’s repercussions, read more here.

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