After Tiffany counterfeits were discovered on eBay in 2004, a six-year legal battle has taken place between the luxury retailer and the online auction site
Tiffany loses six-year battle against eBay
Posted December 01, 2010 | By Sonia Nair
The US Supreme Court dealt a final blow to Tiffany’s trademark infringement suit against eBay by rejecting its latest appeal.
The US Supreme Court gave no reason for refusing the most recent appeal.
However, the ruling indicates that eBay cannot be held liable for trademark infringement of counterfeit items sold on its website and put an end to its six-year dispute with the luxury jewellery giant.
The American retailer first filed a lawsuit against eBay in 2004 in relation to eBay’s sale of counterfeit Tiffany jewellery.
After a prolonged battle, US District Court Judge Richard Sullivan ruled in July 2008 that eBay was not liable for trademark infringement and false advertising.
A further two appeals by Tiffany proved largely fruitless, and were ultimately rejected by the federal appeals court before this most recent attempt to reinstate the case.
During previous appeals, Sullivan had concluded, “Tiffany must ultimately bear the burden of protecting its trademark.”
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