eBay Victorious in Trademark Dispute

eBay is no stranger to trademark and counterfeiting controversies but it got a reprieve this week from the 2nd U.S. Circuit of Appeals when the trio of judges concurred with a lower court ruling exonerating the online auctioneer of charges that it infringed on the high-end jewelers patent.

But eBay didn’t escape entirely unscathed. In its written decision, the panel made it clear that it wasn’t entirely sure the world’s largest online auction site wasn’t guilty of false advertising and sent that segment of the lower court’s ruling back for further review.

E-Commerce Guide takes a closer look at the appellate court’s decision and what eBay still may have to do to extricate itself from responsibility for the trafficking of stolen or counterfeit goods on its site.


eBay garnered a significant legal victory this week when the 2nd U.S. Circuit Court of Appeals upheld a lower court’s finding that the online auction site did not infringe on or dilute the trademark of Tiffany & Co. even though it facilitated the sale of thousands pieces of knock-off jewelry on its site.

However, eBay (NASDAQ: EBAY), which has been harshly criticized by software developers, retailers and industry trade groups for its apparent inability to stop or indifference to the rampant sale of counterfeit goods on its site, was scolded by the three-judge panel for potentially exposing itself to future false advertising claims by continuing to advertise that all the products sold on its site are authentic.



Read the full story at E-Commerce Guide:


eBay Cleared in E-Commerce Counterfeiting Spat

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