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Court hears Tiffany's appeal in eBay fakes case

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Upscale jeweler Tiffany had its day in court yesterday, leaning on an appeals judge to overturn a ruling that cleared eBay in a spat over trademark infringement.

By some accounts, Judge Robert Sack of the Second Circuit Court of Appeals didn't seem wholly sympathetic to Tiffany's argument that eBay doesn't do enough to keep counterfeit goods off its site.

"If we were to send it back," Sack said, "what would you want eBay to do?" AmLaw Daily reports.

Tiffany's attorney responded that eBay should be required to implement more rigorous anti-counterfeiting controls, and take a tougher stance against users who are found peddling fake merchandise.

In a decision delivered one year and one day earlier, District Court Judge Richard Sullivan ruled that "Tiffany must ultimately bear the burden of protecting its trademark."

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