Publications

After congratulating yourself on winning an eBay auction, have you ever wondered whether the item about to arrive in your mailbox is authentic? Well, if you were spending money on an item wrapped up in that coveted little blue box, you just might! More importantly, if your company manufactures or distributes consumer goods, you may be concerned about the relative rights and obligations of the various entities involved in the proliferating sale of brand-name goods over the Internet. In a recent decision from the Southern District of New York, Judge Richard J. Sullivan ruled that eBay is not liable for direct or contributory trademark infringement in connection with the advertisement and sale of counterfeit Tiffany jewelry through its web site. Tiffany (NJ) Inc. v. eBay, Inc., F. Supp.2d, 2008 WL 2755787 (S.D.N.Y. July 14, 2008).