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<i>Tiffany v. eBay</i> Appeal Grabs Second Circuit Spotlight
It isn't often that nearly every seat is full in the Second U.S. Circuit Court of Appeals' ample countroom. That it was on the morning of July 16 during oral arguments in the Tiffany v. eBay appeal indicates just how high the stakes are in this trademark infringement case ' not just for the parties directly involved, but for anyone with a vested interest on either side of the key issues being litigated.
The arguments came a year and a day after federal district court Judge Richard Sullivan rejected Tiffany's claim that eBay had aided the infringement of its trademark by not doing enough to yank fake Tiffany jewely off its site. Sullivan wrote that “[eBay] cannot be held liable ' based solely on their generalized knowledge that trademark infringement might be occurring on their Web sites.”
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