EBay Wins Victory In Counterfeiting Suit

Jul 15, 2008 (financialwire.net via COMTEX) -- TIF | Quote | Chart | News | PowerRating -- July 15, 2008 (FinancialWire) Online auction house eBay (NASDAQ: EBAY | Quote | Chart | News | PowerRating) scored a legal victory when a judge absolved the company of having to take more steps to police fake Tiffany (NYSE: TIF | Quote | Chart | News | PowerRating) jewelry sold on its website and said that brand owners are ultimately responsible for protecting their own trademarks.

In a suit watched by online retailers including Amazon (NASDAQ: AMZN), all of Tiffany's trademark infringement claims against eBay were rejected in a knockout blow to luxury makers seeking to prevent the sale of counterfeit goods. Tiffany & Co had alleged that eBay turned a blind eye to the sale of fake Tiffany silver jewelry on its site, while the auction house countered that it was not in a position to determine which goods were knock-offs.

The judge, in a 66-page decision following a non-jury trial in US District Court in Manhattan last November, said he was "not unsympathetic" to Tiffany, but he said that it was the trademark owner's burden to police its mark and companies like eBay cannot be held liable.

EBay called the ruling a victory for consumers, saying establishes that protecting brands and trademarks is the primary burden of rights owners.

Tiffany is likely to appeal the decision.

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