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What's Happening with eBay - Tiffany Lawsuit
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May 20, 2007

What's Happening with eBay - Tiffany Lawsuit

By: Ina Steiner
Sun May 20 2007 13:25:03
A bench trial (without jury) in the eBay - Tiffany trademark infringement lawsuit had been set for May 14, 2007, but was adjourned due to the Judge's trial schedule. And according to court documents filed on May 8, US District Court Judge Kenneth Karas is referring the eBay-Tiffany lawsuit to Magistrate Judge James C. Francis for settlement. I am not an expert so I cannot comment on what we should expect to see.

Tiffany filed a trademark infringement lawsuit against eBay in 2004 and cited a study in which it concluded that 73 percent of items purchased on eBay were counterfeit. In December 2006, I wrote about eBay's objections to the way Tiffany conducted that study.

eBay has relied on its VeRO program to insulate itself from liability in these kinds of cases, but late last year, eBay went further.

In November, it rolled out a new anti-counterfeiting initiative scrutinizing all sellers who list items that are particularly susceptible to counterfeiting. In April, it updated the policy. From the sellers' standpoint, it's frustrating to see eBay delaying their listings and not knowing what items are being targeted.

eBay lawyers may be counting on those anti-counterfeiting initiatives to show the company is doing more to battle counterfeiting on its site.




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