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U.S. Supreme Court: eBay Not Liable on Trademark Dispute with Tiffany
On December 12, 2010, the U.S. Supreme Court refused to hear an appeal filed by jewelry maker Tiffany against eBay for trademark infringement. No comment or explanation was provided by the U.S. Supreme Court in rejecting the appeal.
The lawsuit was initially brought by Tiffany in 2004, and alleged that eBay infringed on its trademark by selling counterfeit products. In July 2008, a U.S. District Court ruled against Tiffany, stating that it is the responsibility of the trademark holder, not eBay, to police trademark infringement.
Tiffany appealed the District Court’s ruling. In April of this year, an appeals court ruled in favour of eBay, which led Tiffany to appeal before the U.S. Supreme Court.
This is not the first time that eBay was sued by manufacturers for selling fake goods. In May 2009, eBay won a lawsuit filed by L’Oreal in France. In November 2009, also in France, eBay lost in a suit brought by LVMH and was fined $2.5 million.
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http://news.cnet.com/8301-1023_3-20024128-93.html#ixzz17e3mS8P8