Infringement – Burden to Police Must Be Bourne By Trademark Owner

World Intellectual Property Digest 2008
December 2008

Partner Tim Kelly’s summary of the decision in Tiffany (NJ), Inc. and Tiffany and Company v. eBay, Inc., 576 F. Supp. 2d 463 (S.D.N.Y. 2008), was featured in the US section of the World Intellectual Property Law Review Digest for 2008. The Tiffany decision makes it clear that a trademark owner remains responsible for policing its trademarks and cannot pass that duty on to a third party such as an on-line marketplace, even where that on-line marketplace (in this case, eBay) is generally aware that counterfeit products are routinely sold by third parties on its site.

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