Tiffany appeals eBay counterfeiting leap of faith
pushed Monday a federal ruling that largely absolved eBay Inc. Of policing its auction site for counterfeit items, Saying the judge was wrong to leave the primary burden to the jewelry maker. Circuit Court of Appeals in New York extends a case that Tiffany filed against eBay in 2004 arguing that many items listed for sale on eBay as genuine Tiffany products were fakes. district Judge Richard J. Sullivan in New York ruled that trademark holders like the jewelry maker,tiffany outlet, as an alternative auction platforms like eBay, are responsible for policing their brands online.
In a discussion,tiffany online, Tiffany lawyer James Swire said Monday its judge "Got several important legal issues wrong, Swire contends,tiffany roma, warmed, That trademark law doesn't put the duty on Tiffany for policing its own trademark.
"The judge's entire analysis of what is Tiffany's responsibility based on the site versus eBay's starts from an incorrect basis, he explained.
Tiffany also believes that eBay should not need that much specific information about the sale of fakes on its sites and merchants who are selling fakes in order to take action against it, Swire explained.
In his lording it over, Sullivan said eBay can't be held liable for trademark infraction "Based solely on their generalized knowledge that trademark infringement might be occurring on their Web sites,
EBay has removed listings when Tiffany notified it of suspected replica goods, But it has refused to go further and preemptively take down suspicious listings before any such notice. Sullivan said eBay had no job to do so.
EBay says it spends tens of millions each year to combat counterfeiting. It suspends and blocks users who have been located selling or are suspected of selling fake goods on the site.
It also runs a program that lets companies review listings and inform eBay of those presume are for fake goods,tiffany anelli; EBay removes ones that students flag. Tiffany has participated in this program.
EBay does not hold inventory and directly sell items but merely serves as a conduit clients to sell goods. Swire said the distinction should not make a difference.
"The reality is eBay has created the venue,tiffany italia, EBay is capitalizing from the venue, EBay absolutely settings the venue, Swire asserted. "It's eBay's burden, Once it has knowledge. To take the knowledge to research and stop the sale of counterfeit merchandise,
In an argument, EBay speaker Catherine England said "Tiffany's decision to carry this litigation on after the District Court's decision doesn't a single thing to combat counterfeiting,
The July plan was a welcome one for eBay, Which had recently lost a different case stemming from phony luxury goods. back in June,tiffany e co, A French court ordered eBay to pay better $61 million to LVMH Moet Hennessy Louis Vuitton SA, Which lamented it was hurt by sale of knockoff bags, parfum and clothes. EBay is captivating that ruling.相关的主题文章:
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