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Auctionbytes-NewsFlash, Number 2082 - July 17, 2009 - ISSN 1539-5065     

eBay Responds to Appeals Hearing in Tiffany Case
By Ina Steiner
AuctionBytes.com
July 17, 2009
Reading AuctionBytes: eBay Responds to Appeals Hearing in Tiffany Case

eBay issued the following statement on Thursday regarding the Tiffany trademark infringement lawsuit:

Today the Second Circuit Court of Appeals heard Tiffany's appeal from last year's victory for eBay in the Southern District of New York regarding Tiffany's allegations of trademark infringement. eBay's deputy general counsel, Mary Huser issued the following statement after the hearing today:

"The lower court's opinion in the Tiffany case was a victory for consumers. The ruling confirmed that eBay acted reasonably and has adequate procedures in place to effectively address counterfeiting. The ruling appropriately established that protecting brands and trademarks is the primary burden of rights owners. While the decision was a victory for consumer choice, it is a shame that Tiffany continues to waste so much effort pursuing litigation when the company could work with eBay to more effectively fight counterfeits. eBay will continue to lead the industry with innovative solutions to stop the sale of counterfeits.

"In the past few months, courts in both France and the United Kingdom also found that eBay's extensive measures to fight counterfeit were appropriate and decided in favor of eBay against claims made by L'Oreal. Ultimately, these claims are about distribution and brand owners' attempts to limit eBay as a legitimate channel of distribution of authentic goods. 99.85 percent of goods sold on eBay have no suspicion of counterfeit. As for the remaining 0.15 percent, eBay cooperates extensively with brand owners to identify and immediately remove these listings."

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