eBay wins Tiffany case

Reuters reports that Tiffany’s gamble has not paid off:

EBay Inc scored a major legal victory on Monday, when a federal judge ruled that Tiffany & Co failed to prove the online auctioneer was responsible for the sale of fake Tiffany jewelry on its website.

“The Court concludes that Tiffany has failed to meet its burden in proving its claims,” wrote U.S. District Judge Richard Sullivan in his opinion.

“Given Tiffany’s choice to sue eBay, rather than individual sellers, and this Court’s conclusion that eBay does not continue to supply its services to those whom it knows or has reason to know are infringing Tiffany’s trademarks, Tiffany’s claims against eBay must fail,” wrote the court.

The decision is here.

UPATE:  An eBay liability roundup here.

UPDATETER:  And a post-affirmation summary, and assessment, here.

email

Ron Coleman

I write this blog.