The U.S. Second Circuit Court of Appeal’s ruled that eBay is meeting its responsibilities in fighting counterfeiting under trademark law earlier today. This decision affirmed a lower court’s ruling in favor of eBay. Michael R. Jacobson, eBay general counsel, was quoted, saying:
“The decision is a critically important victory for online consumers who want the best prices for genuine products and underscores eBay’s commitment to connecting buyers and sellers under the pillars of trust, value, and selection. The ruling validates eBay’s leading efforts to fight counterfeiting and its commitment to providing consumers with choice and value in a safe and trusted marketplace. We continue to support cooperation, rather than litigation, as the best way to address these issues in everyone’s best interests and we remain confident that the one remaining issue in the case will be decided favorably on remand.”
Tiffany had appealed the July 14, 2008 decision by a U.S. District Court Judge for the Southern District of New York that ruled eBay acted reasonably and responsibly to identify and expose the sale of counterfeit goods on the site.
Cheers,
RBH
UPDATED 11/29:
The Supreme Court rejected Tiffany’s trademark appeal earlier today. You can read more about it on Reuters.com. Michelle Fang, eBay Associate General Counsel, issued the following statement…
“The U.S. Supreme Court’s cert. denial is a great victory for eBay and U.S. consumers. We believe this case has always been about Tiffany’s efforts to prevent people from buying and selling authentic Tiffany products online, and the culmination of this case validates eBay’s business practices. The decision lets stand the prior rulings of both the Second Circuit Court of Appeals and the trial court, which found that eBay exceeds all legal requirements in the fight against counterfeits.”
4