subject: American Court Rejected Appeal From The Tiffany Company -- Producer Of Tiffany Necklaces [print this page] News from the local newspaper Judge Richard Sullivan of U.S. District Court in Manhattan rejected appeal of the Tiffany Company for accusing false advertisement of eBay.
Tiffany Company charged eBay for allowing clients selling Tiffany imitation on its site to cheat the customers at the time earlier. This case was understood as a challenge for hosting services providers like eBay and Google. Those firms usually manage products from other companies but take no responsibility for their behavior of infringing upon trademarks.
Richard Sullivan wrote in the document of judgment: Tiffany & CO. could not prove eBay were guilty of that kind cheating behavior. He authorized some part of truth of what Tiffany Company said and was sure that eBay knew that facts. But he thought Tiffany Company had no proof to prove the advertisements from eBay were kind of cheating behavior.
Spokesperson Mark Arson from Tiffany Company said Tiffany & CO. was so disappointed about the judging result. eBay's vice general counsel Michelle Fang called that ruling is just a specific confirmation for eBays business activity. And Sharp from eBay also said that this judgment result showed that all eBay's ways to handle some kind questions like imitation were reasonable. EBay had its own procedures to deal with that problem and proved to be efficient.
The judge said when Tiffany Company informed eBay that there were imitations on the site eBay deleted those shops in time and eBay has no responsibility for those imitations sold on its site. According to general knowing about cases about infringing upon trademarks eBay's behavior cannot be called that.
From the latest news Tiffany & CO. decided to lodge an appeal. Lawyer said eBay had to take responsibility for all the fake products appeared on its site. Actually about the time before the second Circuit just supported judgmental result about this case of Judge Richard Sullivan and they thought eBay did not sell the imitations but those counterfeit firm. EBay also took actions to prevent those kinds of things from selling by using almost $20 million a year.
by: kimpaul
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