In Tiffany v. eBay, ___ F. Supp. 2d ___, 2008 WL 2755787 (No. 04 Civ. 4607) (S.D.N.Y. , July 14, 2008) the Southern District of New York rejected an effort by renowned jeweler Tiffany to expand the reach of contributory trademark infringement. Tiffany’s theory of secondary liability would have imposed liability for trademark infringement upon web-based intermediaries whose users infringe on trademarks by selling counterfeit goods.
Background
Tiffany & Co., the world-renowned jeweler, has spent 170 years building its famous trademarked brand, synonymous with luxury and high quality. eBay is a well-known online marketplace where people can sell their stuff to eBay buyers.
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Tiffany v. eBay: A trademark owner must police its own marks on the Internet
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