On November 29, 2010, the Supreme Court denied certiorari in the Tiffany v. eBay case out of the influential Second Circuit.  That court had found in favor of online marketplace eBay in a suit brought by Tiffany, Inc., charging contributory trademark infringement where eBay posted listings that offered counterfeit silver Tiffany jewelry for sale.  Tiffany (NJ), Inc. v. eBay, Inc., 600 F.3d 93 (2d Cir.), cert. denied, 2010 U.S. LEXIS 9355 (2010).  Tiffany had sent hundreds of complaints to eBay, which had taken down the specific listings complained of but refused to stop other listings that purported to sell Tiffany silver... Read More
Most brand owners are likely familiar with eBay’s Verified Rights Owner (VeRO) program for requesting de-listings of illegal auction listings and that eBay has a solid track record for removing infringing listings – close to 100%, in fact. What may be lesser known is that many major online marketplaces – including business-to-business changes – also have a decent track record for removing infringing listings.  Based on our own research of the major auction and exchanges sites accounting for roughly 75% of all marketplace traffic (as measured by Alexa), the overall compliance rate of over 170,000 de-listing requests between June and July... Read More
Yesterday, the long awaited decision in Tiffany v Ebay was released by the U.S. District Court in the Southern District of New York, exonerating Ebay from any liability to Tiffany for infringing auctions on its site. In a sweeping ruling for Ebay, the Court emphasized that, although both Ebay and Tiffany have an interest in eliminating counterfeit Tiffany merchandise from Ebay, the burden of policing Tiffany’s valuable trademarks on the Internet falls squarely on the brand holder. In holding that Ebay was not contributorily liable for trademark infringement, the standard is not whether eBay could reasonably anticipate possible infringement, but... Read More

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Alison Simpson
With more than 13 years’ experience in the domain industry, Alison has managed all aspects of Corporate Domain Managem... More