BNA INSIGHTS: All Sides Claim Victory in Tiffany v. eBay: Second Circuit Holds Sale of Faux Tiffany Goods Is Not Contributory Trademark Infringement

In a carefully crafted opinion, the Second Circuit held on April 1, that eBay Inc. did not engage in contributory trademark infringement where it had only “general knowledge” that…

EBay Not Liable for Infringement, Dilution in Sellers’ Listings, but May Be for False Ads, Court Rules

Online auction site operator eBay Inc. is not liable for trademark infringement or dilution—either directly or secondarily— based on some sellers’ listings of counterfeit Tiffany jewelry, because it takes action when it has knowledge of fraud with regard to any specific listing, the U.S. Court of Appeals for the Second Circuit ruled April 1.