Who Bears The Burden Of Policing Tiffanys Trademarks In Internet Commerce?
Tiffany alleged that eBay should be liable for direct and contributory trademark infringement, direct and contributory dilution, unfair competition, and false advertising, on the grounds that eBay facilitated and allowed sales of counterfeit Tiffany silver jewelry on its website. While Tiffany acknowledged that individual users of the eBay website, rather than eBay itself, were responsible for listing and selling counterfeit Tiffany items, Tiffany argued that eBay was on notice that a problem nonetheless existed and that eBay had the obligation to investigate and control the activities of these sellers. Tiffany specifically demanded that eBay preemptively block sellers from listing five or more Tiffany items and immediately suspend sellers upon learning of Tiffany’s belief that the seller had engaged in potentially infringing activity. In response, eBay contended that it is ultimately Tiffany’s burden to police its trademarks and to bring to eBay’s attention listings offering potential
