Tiffany appeals counterfeit eBay decision

Tiffany appeals counterfeit eBay decision
From:http://www.fashion-accouterment.com/buy-jewelry/
Key words: jewelry ,products,information
Tiffany & Co. challenged Monday a federal ruling that largely absolved eBay Inc. of policing its auction site for counterfeit items, saying the judge was wrong to leave the primary burden to the jewelry maker.
Monday's appeal with the 2nd U.S. Circuit Court of Appeals in New York extends a case that Tiffany filed against eBay in 2004 arguing that most items listed for sale on eBay as genuine Tiffany products were fakes.
Last month, U.S. District Judge Richard Sullivan in New York ruled that trademark holders like the jewelry maker, rather than auction platforms like eBay, are responsible for policing their brands online.
In an interview, Tiffany lawyer James Swire said Monday that the judge "got several important legal issues wrong." Swire contends, for instance, that trademark law doesn't put the responsibility on Tiffany for policing its own trademark.
"The judge's entire analysis of what is Tiffany's responsibility with respect to the site versus eBay's starts from an incorrect basis," he said.
Tiffany also believes that eBay should not need that much specific information about the sale of fakes on its sites and merchants who are selling fakes in order to take action against it, Swire said.

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