EBay did not engage in trademark infringement and dilution by carrying counterfeit Tiffany merchandise on its site, the U.S. Court of Appeals for the 2nd Circuit ruled Thursday, according to news reports.

Tiffany chairman and CEO Michael J. Kowalski said in a statement that eBay “took no effective steps” to halt the sale of counterfeit merchandise being sold on its site and “deliberately misled consumers for profit.” Tiffany is considering an appeal to the U.S. Supreme Court.

Tiffany’s claim was originally defeated in July 2008 in district court. Tiffant filed their appeal in August of that year. For more background on the case, click here.

JCK