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 Post subject: ebay cannot be held liable for copyright infringement
PostPosted: Mon Jul 14, 2008 7:42 pm 
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NEW YORK (AFP) - Internet auction giant eBay cannot be held liable for trademark infringement for counterfeit items sold through its website, a US judge ruled Monday in a case brought by luxury retailer Tiffany.


US District Judge Richard Sullivan in New York found that "eBay is not liable for contributory trademark infringement" for the sale of counterfeit Tiffany silver jewelry on its website.

"The standard is not whether eBay could reasonably anticipate possible infringement, but rather whether eBay continued to supply its services to sellers when it knew or had reason to know of infringement by those sellers," the judge wrote in a 66-page opinion.

The judge said eBay, after being informed by Tiffany of counterfeit items being sold on the website, "immediately removed those listings" but refused to monitor and "preemptively remove listings of Tiffany jewelry before the listings became public."

"The law does not impose liability for contributory trademark infringement on eBay for its refusal to take such preemptive steps," the judge said.

"The result of the application of this legal standard is that Tiffany must ultimately bear the burden of protecting its trademark."

*chuckle* the rest of us have to so why not Tiffany

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PostPosted: Tue Jul 15, 2008 3:15 pm 
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Very well decided case, and really the only way it should have gone.


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