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.
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Filed Under: auctions, counterfeit goods, liability, platforms
Companies: ebay, tiffany


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  1. icon
    Killer_Tofu (profile), 15 Jul 2008 @ 5:36am

    Well..

    I think Jacque was adequetly smacked down by everyone, so I will skip pointing out how dumb his arguments are.

    I will simply say that this is an awesome court ruling and I am very glad to hear about it. Now we need to just push this farther so the same occurs with regards to ISPs & Torrent Tracker sites so that the MAFIAA will be forced to back down. Now that would be grand.

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