US Courts Recognize That eBay Isn't Responsible For Auctions By Users

from the a-good-ruling dept

Unlike last month's awful ruling in a French court, costing eBay millions, a US court has correctly recognized that eBay should not be found responsible for auctions of counterfeit goods. This case involved Tiffany Co., who wanted eBay to be held liable for others selling fake Tiffany goods on eBay auctions. The court sided with eBay on every single charge, and smacked down Tiffany over and over again in the ruling. It noted that eBay is not responsible for the actions of its users, and Tiffany is wrong to suggest that eBay has the responsibility to monitor the auction site for infringing auctions. eBay does take down such counterfeit auctions when made aware of them, and that is all that the company is required to do. The court specifically points out that the Supreme Court had already rejected the idea of a "reasonable anticipation" standard that would have made eBay liable, even though Tiffany tries to suggest otherwise. The court also notes that eBay didn't infringe on Tiffany trademarks in mentioning Tiffany in advertisements for the site. This is an excellent overall ruling, and nearly the complete opposite of the terrible French ruling.

Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. icon
    Mike (profile), 14 Jul 2008 @ 3:20pm

    Re: Re: Re: French Rules

    Actually Mike, due to Ebay's fee structure, they collect more money of the sale based on the final value (final value fees). This is NOT profiting from the service, but from the sale. The listing fees on the other hand are simply profiting from the service.

    That's for the service. They price the service based on the fees sold, but they're getting paid for the service not the good.

    I agree, Pepsi should NOT be mentioning Coke in their ads unless an agreement has been made with Coke.

    Really? Then didn't you just break both Coke and Pepsi's trademark?

    The idea that Pepsi can't mention Coke is utterly ridiculous. What possible rationale could you have for that?

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Use markdown for basic formatting. HTML is no longer supported.
  Save me a cookie
Follow Techdirt
Techdirt Gear
Shop Now: Copying Is Not Theft
Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.