Judge declares winner in Tiffany v. eBay lawsuit

On Monday, a federal judge ruled in favor of eBay in its lawsuit with Tiffany over counterfeit items being sold on eBay. According to Judge Richard Sullivan, “Tiffany must ultimately bear the burden of protecting its trademark”. From the San Jose MercuryNews:

Sullivan agreed with estimates that “a significant portion” of Tiffany silver jewelry listed on eBay’s Web site during surveys by Tiffany was counterfeit, but that was largely Tiffany’s problem unless Congress changes the law.

“The court is not unsympathetic to Tiffany and other rights owners who have invested enormous resources in developing their brand, only to see them illicitly and efficiently exploited by others on the Internet,” Sullivan concluded.

“Nevertheless, the law is clear: It is the trademark owner’s burden to police its mark, and companies like eBay cannot be held liable for trademark infringement based solely on their generalized knowledge”

Barring a change in the law, it is clear that - for the time being - trademark owners will have monitor and defend their brands and trademarks on their own. If you, or your company, need expert assistance in Trademark Monitoring, please feel free to contact us.