Subscribe to the IP Headline RSS feed | Subscribe to the IP Headline feed via EmailBNA INSIGHTS: Detour from Established Lanham Act False Advertising Principles: The Curious Case of Tiffany v. eBay
May 14, 2010 in Patent Trademark & Copyright Journal · Leave a Comment
On April 1, the Second Circuit issued a unanimous panel opinion in a closely watched trademark battle between Tiffany and eBay, for the most part affirming the district court’s ruling favoring eBay. While the trademark law rulings have received considerable attention, the advertising law aspects of the case are also worth analyzing, as there are aspects of the panel’s opinion that appear to be out of step with established principles. The purpose of this article, accordingly, is to focus on the advertising law discussion in the panel’s decision, and to offer suggestions on how that analysis could be reformulated.
