Forum Views ()
Forum Replies ()
Read more with google mobile :
U.S. appeals court rules for eBay in Tiffany spat
|
Edition:
U.S.
Article
Comments (0)
Save
Email
Print
Reprints
Most Popular
Most Shared
Special Report: iPad striptease: It's what's inside that counts
4:02am EDT
iPad still awaits the rush
4:28pm EDT
Reviews praise Apple iPad battery life, ease of use
| Video
4:03am EDT
Sharp to launch advanced 3D panels for mobile gear
4:23pm EDT
China journalist club shuts website after attack
2:09pm EDT
Special Report: iPad striptease: It's what's inside that counts
4:02am EDT
iPad still awaits the rush
4:28pm EDT
Reviews praise Apple iPad battery life, ease of use
| Video
4:03am EDT
Sharp to launch advanced 3D panels for mobile gear
4:23pm EDT
China journalist club shuts website after attack
2:09pm EDT
U.S. appeals court rules for eBay in Tiffany spat
Grant McCool and Alexandria Sage
NEW YORK/SAN FRANCISCO
Fri Apr 2, 2010 4:04am EDT
Related News
U.S. court rejects Microsoft patent case appeal
4:03am EDT
U.S. court rejects Microsoft patent case appeal
Thu, Apr 1 2010
UPDATE 2-U.S. court rejects Microsoft patent case appeal
Thu, Apr 1 2010
CORRECTED - UPDATE 2-US court rules for eBay in Tiffany trademark tiff
Thu, Apr 1 2010
Kijiji begone: EBay rebranding U.S. classified site
Tue, Mar 30 2010
NEW YORK/SAN FRANCISCO (Reuters) - EBay Inc did not engage in trademark infringement and dilution by selling counterfeit Tiffany & Co goods on its website, a U.S. appeals court ruled on Thursday, but it ordered further review of the jeweler's claim of false advertising.
Technology | Media
Tiffany and other luxury brands have long argued that counterfeit merchandise bearing their names is sold on eBay. The Web commerce company, which does not itself put the goods up for sale, says it has spent millions of dollars to track down counterfeiters and remove such listings.
The case was seen as a major challenge in the United States to the freedom of Web companies from eBay to Google Inc, which claim that they are merely hosting services, and any trademark infringement lies with others, not them. Google won a major trademark victory in the European Union over similar claims last month.
Tiffany said it would consider an appeal to the U.S. Supreme Court and that the decision "leaves in place a prior ruling which allows eBay to profit from counterfeit sales."
The court signaled that eBay met its responsibilities in its partnership with brand holders, said Sally Abel, an attorney who chairs Fenwick & West's trademark group and was not a party in the case.
"It's a win for e-commerce," said Abel, adding that the ruling helps define "the need for the online marketplace to have rules and to protect trademark rights up to a point -- but only up to that point."
A panel of judges on the U.S. Court of Appeals for the 2nd Circuit in New York heard oral arguments in the dispute last year over Tiffany's claims, which dated back to 2004.
"It is true that eBay did not itself sell counterfeit Tiffany goods; only the fraudulent vendors did, and that is in part why we conclude that eBay did not infringe Tiffany's mark," the appeals court opinion said. "But eBay did affirmatively advertise the goods sold through its site as Tiffany merchandise."
Tiffany accused eBay of false advertising because its website touted Tiffany goods, but many of them were actually counterfeit. The appeals court disagreed with the finding of the district court that eBay's ads were not likely to confuse consumers.
"The law requires us to hold eBay accountable for the words that it chose insofar as they misled or confused consumers," read the appeals court ruling.
EBay said in a statement that the ruling validated its anti-counterfeiting measures and that it was confident that it would beat the false advertising claim. It criticized the use of courts to settle these issues, saying "we continue to support cooperation, rather than litigation."
BATTLING FRAUD
The opinion was published more than two years after a week-long bench trial before U.S. District Judge Richard Sullivan in late 2007. He ruled in July 2008 that eBay was not liable for trademark infringement by allowing fake Tiffany goods to be sold on the website by individuals. Tiffany then appealed to the higher court.
The appeals court ruling noted that eBay and others have "a strong incentive to minimize the counterfeit goods sold on their websites." Tiffany argued that if eBay were not held liable except when infringing items are brought to its attention, it will have no incentive to stop the sale of counterfeits.
In its arguments to the court, eBay said it spent as much as $20 million per year to battle fraud on its website, including buyer protection programs and employees who focus exclusively on anti-infringement issues.
Tiffany shares closed up 1.6 percent to $48.25 on the New York Stock Exchange on Thursday afternoon. EBay fell 1.47 percent to $26.57 on Nasdaq.
The case is Tiffany & Co v eBay Inc, U.S. Court of Appeals for the 2nd Circuit in New York, No. 08-3947.
(Reporting by Grant McCool and Alexandria Sage; Additional reporting by Phil Wahba; Editing by Lisa Von Ahn; Gerald E. McCormick and Carol Bishopric)
Technology
Media
Add a Comment
*We welcome comments that advance the story directly or with relevant tangential information. We try to block comments that use offensive language or appear to be spam and review comments frequently to ensure they meet our standards. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters.
More from Reuters
Special Report: iPad striptease: It's what's inside that counts
SAN FRANCISCO (Reuters) - The iPad will not hit stores until Saturday, but the race to unlock its mysteries started several weeks ago in San Luis Obispo, a picturesque college town roughly 200 miles south of Apple's Silicon Valley headquarters.
iPad still awaits the rush
Reviews praise Apple iPad battery life, ease of use
| Video
Sharp to launch advanced 3D panels for mobile gear
China journalist club shuts website after attack
Taiwan's HTC says Apple suit not affecting operations
» More Top News
Special Report:
iPad striptease: A peek inside
Apple doesn't want you to know what's inside its new gadget, but two guys armed with heat guns and suction cups have other ideas. Reuters joins the race to break open the iPad. Full Article
Reviews praise battery life, ease of use
Want to see the iPad? Join the club
Publishers place blind bet on iPad
Will you buy the iPad?
Apple iPad
Special Report:
Foreclosing on God
Churches couldn't resist the temptation of few-questions-asked loans. Now they're paying for their sins. Inside the congregations that can't pay the bills. Full Article
Thrifty faithful hurts churches
FaithWorld: Charities hit by recession
U.S.
© Copyright 2010 Thomson Reuters
Editorial Editions:
Africa
Arabic
Argentina
Brazil
Canada
China
France
Germany
India
Italy
Japan
Latin America
Mexico
Russia
Spain
United Kingdom
United States
Reuters
Contact Us
Advertise With Us
Help
Journalism Handbook
Archive
Site Index
Video Index
Analyst Research
Mobile
Newsletters
RSS
Podcasts
Widgets
Your View
Labs
Thomson Reuters
Copyright
Disclaimer
Privacy
Professional Products
Professional Products Support
Financial Products
About Thomson Reuters
Careers
Online Products
Acquisitions Monthly
Buyouts
Venture Capital Journal
International Financing Review
Project Finance International
PEhub.com
PE Week
Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests.
NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.
Other News on Saturday, 3 April 2010 White House slams Karzai comments as 'troubling'
On Good Friday, criticism of pope likened to anti-Semitism
Preacher compares attacks on pope to anti-Semitism
|
Iran blocks news website: French broadcaster
Bissau leader bids to resolve army, government rift
|
China's iPad look-alikes brace for the real thing
White House troubled by Karzai attack on West
Sounds heard in China mine where 153 trapped
On Good Friday, criticism of pope likened to anti-Semitism
Study: Smoke Alarms + Sprinklers + Closed Doors = Saved Lives
Japanese cellphone ringtone 'cures hayfever'
U.S. Unemployment Holds Steady, While Payrolls Jump In March
Obama, Medvedev to sign landmark nuclear arms pact
SKorean fishing boat apparently sinks; 9 missing
Gabourey Sidibe, Tina Fey Host "Saturday Night Live" In April
Pakistan submits landmark reforms to parliament
Carrie Underwood, Black Eyed Peas Confirmed For "Idol Gives Back"
3 German soldiers killed in north Afghan clash
Mars Rover Misses Designated Phone Home Time As Winter Nears
Three Dead After Blast At Washington State Refinery
China mine accidents multiply -- 28 dead, 192 missing
Doctor Refuses Care To Obama Supporters
California AG: Numerous Faults With ACORN But No Crimes In Videos
Special Report: iPad striptease: It's what's inside that counts
|
UN chief tours troubled ex-Soviet Central Asia
Afghan rival says Karzai undermines war on Taliban
iPad still awaits the rush
|
Pakistan attorney general quits amid graft dispute
Reviews praise Apple iPad battery life, ease of use
|
Sharp to launch advanced 3D panels for mobile gear
|
China journalist club shuts website after attack
|
Taiwan's HTC says Apple suit not affecting operations
|
Iran nuke envoy pushes for dialogue, not sanctions
Microsoft sues UK game controller maker
|
U.S. appeals court rules for eBay in Tiffany spat
|
New website brings crowd sourcing to fashion
|
Toshiba to make sub-25nm flash memory: Nikkei
|
France says arms sale to Pakistan held up
Under the radar, Apple's Asian suppliers work furiously
Most US firms in China optimistic despite challenges: survey
News
John Forsythe dies, 92
|
Janet Jackson calls film role intense, cathartic
|
US regulators to probe MGM Mirage's Macau business: report
Indian designers go back to their roots
Stockholm's Green City award for what you can't see
JAL lenders to demand cuts to international service: report
Terrence McNally ready for a break after long year
World Bank urges more Pakistan economic reforms
Pakistan stocks extend gains to end at 19-month high
US reviewers rave over Apple iPad
NATO soldier killed in Afghanistan
US anger at election claims prompt Karzai call
Thai protesters swarm Bangkok's main shopping district
|
ElBaradei defies officials in Egypt with outdoor speech
Russia to help Venezuela's nuclear bid: Chavez
US-TECH Summary
French strike paralyses cross-Channel ferries
Gunmen kill up to 25 people in Baghdad: officials
|
Israel warns of new Gaza assault as US urges restraint
iPad still awaits the rush
CORRECTED-Sudan's opposition Umma party sets polls deadline
China journalist club shuts website after attack
North Korean cargo train sparks Kim trip speculation
|
Sharp to launch advanced 3D panels for mobile gear
Pentagon boosting Afghanistan eyes in the sky
|
Karzai tries to smooth spat with U.S. over speech
|
Putin bolsters oil, defense ties with Venezuela
|
Thai protesters target Bangkok's tourist centre
US sees biggest job growth in three years
Red Bull's Webber on top in final Malaysia GP practice
6 Afghan soldiers killed by friendly fire
Rescuers enter Chinese mine where 153 are trapped
Thai protesters swarm Bangkok's main shopping district
iPad still awaits the rush
|
Rescuers to enter Chinese mine where 153 trapped
Special N.Korean train arrives in China: report
FBI probes 'resign' ultimatum sent to governors
Thousands of vets missing out on better benefits
Kim seeks maiden LPGA win at first major of season
One dead, 8 missing in search for S.Korea sailors
3 adults, 3 children dead in Minneapolis fire
Japan asks China for 'appropriate decision' on yuan
Pentagon boosting Afghanistan "eyes in the sky"
Obama Gives Long Answer To A Short Health Care Question
FAA Relaxes Rule On Pilot Use Of Antidepressants
Obama Says More Sanctions Coming Against Iran For Nuclear Weapons Program
Second American woman charged in plot to kill Swede
News
Iranian firm got parts to enrich uranium: report
Titans shows muscle but can't slay Dragon
|
Report: Charlie Sheen wants to exit Men
|
Don McKay falls short of dark comic intentions
|
Elton John concert to go ahead despite Mayan anger
iPad seekers queue for first shot at new Apple gadget
Report: Charlie Sheen wants to exit "Men"
'Dynasty' actor John Forsythe dead at 92: publicist
Billboard singles reviews: Stone Temple Pilots, Macy Gray
"Red" a superb rendering of modern art history
Ahmadinejad "more determined" in face of world pressure
Gunmen storm Sunni enclave in Baghdad, kill 24
Yemen upholds death sentence in Israel spy case
Afghan upper house backs Karzai election decree
|
Gunmen in army uniforms massacre 25 people in Iraq
Thai protesters swarm Bangkok shopping district
|
Ahmadinejad rejects Obama's "beautiful words" to Iran
Jews outraged at Vatican scandal comparison
|
iPad seekers queue for first shot at Apple gadget
Sudan says election to start on time despite protest
|
Yemen upholds death sentence in Israel spy case
|
Greek PM calls for end to cronyism
|
U.N. chief troubled by Kyrgyz media crackdown
|
Thai protesters occupy capital's commercial center
Rescuers and divers enter China's flooded mine
Divers enter Chinese mine where 153 are trapped
North Korean cargo train sparks Kim trip speculation
Deposition: Levada defends decision on Ore. priest
SKorea says sailor's body found; 45 still missing
Sudan vote 'free and as fair as possible': US envoy
Reports: NKorean train arrives in China
US anger at election claims prompt Karzai call
Apple iPad has chips from Samsung, Broadcom, TI
|
US-ENTERTAINMENT Summary
Courtney Love is back with a vengeance
Preachers Will Go Barefoot For Easter Services
"Married Too" a familiar blend of laughs, melodrama
Rubio Lands Rudy Guiliani's Endorsement In Florida
CORRECTED: "Titans" shows muscle but can't slay "Dragon"
Obama Signs Emergency Declaration For Flood-Hit New Jersey
Obama Addresses Jobs Report At Visit To Stimulus-Backed Factory
Struggling JAL to cut 50 routes: reports
Courtney Love is back with a vengeance
|
Red a superb rendering of modern art history
|
Billboard singles reviews: Stone Temple Pilots, Macy Gray
|
Married Too a familiar blend of laughs, melodrama
|
Greece at new risk of being pushed off euro
Bodies of missing Tenn. mom, Jo Ann Bain, and daughter found
Female Breasts Are Bigger Than Ever
AMD Trinity Accelerated Processing Units Now in Volume Production
The Avengers (2012 film), made the second biggest opening- and single-day gross of all-time
AMD to Start Production of piledriver
Ivy Bridge Quad-Core, Four-Thread Desktop CPUs
Islamists Protest Lady Gaga's Concert in Indonesia
Japan Successfully Broadcasts an 8K Signal Over the Air
ECB boosts loans to 1 trillion Euro to stop credit crunch
Egypt : Mohammed Morsi won with 52 percent
What do you call 100,000 Frenchmen with their hands up
AMD Launches AMD Embedded R-Series APU Platform
Fed Should not Ignore Emerging Market Crisis
Fed casts shadow over India, emerging markets
Why are Chinese tourists so rude? A few insights