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Tiffany files eBay ruling appeal | Tiffany files eBay ruling appeal |
(20 minutes later) | |
Jeweller Tiffany has begun an appeal against a court ruling that eBay was not primarily responsible for ensuring fake goods were not sold on its site. | Jeweller Tiffany has begun an appeal against a court ruling that eBay was not primarily responsible for ensuring fake goods were not sold on its site. |
Tiffany argued that eBay should be responsible for policing the site. | Tiffany argued that eBay should be responsible for policing the site. |
However, a US court decided in April that the primary burden for protecting a brand lay with its owner. | However, a US court decided in April that the primary burden for protecting a brand lay with its owner. |
Tiffany first sued eBay in 2004 after it claimed that 73% of a random sample of supposed Tiffany goods for sale on the website were counterfeit. | Tiffany first sued eBay in 2004 after it claimed that 73% of a random sample of supposed Tiffany goods for sale on the website were counterfeit. |
Tiffany's decision to carry this litigation on after the District Court's decision doesn't do anything to combat counterfeiting Catherine England, eBay | |
A US district court found that eBay was not responsible for seeking out and removing counterfeiting goods before they could be put up for auction. | A US district court found that eBay was not responsible for seeking out and removing counterfeiting goods before they could be put up for auction. |
Tiffany's legal representative, Patrick Dorsey, said: "The effect of this is that eBay can continue to profit at the expense of consumers and trademark holders." | Tiffany's legal representative, Patrick Dorsey, said: "The effect of this is that eBay can continue to profit at the expense of consumers and trademark holders." |
EBay has removed items listed for sale on its site when notified that they were suspected to be counterfeit, but the luxury retailer argues that eBay should be compelled investigate and take action without prior notification. | EBay has removed items listed for sale on its site when notified that they were suspected to be counterfeit, but the luxury retailer argues that eBay should be compelled investigate and take action without prior notification. |
In a statement, eBay said: "Tiffany's decision to carry this litigation on after the District Court's decision doesn't do anything to combat counterfeiting." | In a statement, eBay said: "Tiffany's decision to carry this litigation on after the District Court's decision doesn't do anything to combat counterfeiting." |
After its victory in April, the auction site said the ruling showed that it had adequate procedures in place to address the problem of counterfeiting. | After its victory in April, the auction site said the ruling showed that it had adequate procedures in place to address the problem of counterfeiting. |