Tiffany v. eBay: Round 2



Just because Tiffany & Co. lost the second round of its anticounterfeiting battle with eBay doesn’t necessarily mean that’s the end of the fight. After the 2nd U.S. Circuit Court of Appeals in New York ruled on April 1 that the auction site’s listing of counterfeit Tiffany items does not constitute trademark infringement—agreeing with a lower court—the 173-year-old jewelry company announced its plans to appeal. Though the two sides are arguing over concepts such as copyright protection, the case fundamentally comes down to money—namely, who should shoulder the burden of tracking down fake Tiffany items on eBay. Tiffany acknowledged that eBay complies with its requests to remove counterfeit listings, often in less than 24 hours. However, because of the volume of Tiffany goods sold on the site—one search by JCK brought up more than 5,000 rings, necklaces, bracelets, and o
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