eBay Defeats Tiffany & Co.’s Claims of Trademark Infringement and Dilution on Appeal
Submitted by Brooke on April 5, 2010 – 1:55 PMNo Comment
Recently, a U.S. Appeals Court found eBay innocent of claims by Tiffany & Co. of trademark infringement and dilution. Such accusations arose after Tiffany & Co. discovered counterfeit merchandise for sale on eBay’s auction site. Tiffany & Co. also quarreled with eBay’s advertising mechanisms, asserting that eBay suggested that the goods sold were “peddled Tiffany goods,” although many were actually just counterfeit goods⎯constituting false advertisement.
The court struck down the arguments of trademark infringement and dilution, as eBay itself did not sell the goods, but rather fraudulent vendors did. However, because eBay affirmatively advertised the counterfeit goods through its site at peddled Tiffany merchandise, the court ordered further proceedings.
Written by Brooke Ericson
