In Tiffany v. eBay, 600 F.3d 93 (2d Cir. 2010), the U.S. Court of Appeals for the Second Circuit affirmed the District Court's ruling (see,
Analyzing the U.S. Supreme Court's Decision Not to Review <i>Tiffany v. eBay</i>
In <i>Tiffany v. eBay</i>, the Second Circuit affirmed the District Court's ruling in favor of eBay on the key issue of contributory trademark infringement, as well as direct infringement and dilution, but remanded on the issue of false advertising. The upshot of the holding is that despite a general knowledge that a significant percentage of Tiffany goods sold on eBay were counterfeit, eBay did not have a duty to prevent any such sales unless and until a specific instance of fraud was brought to its attention.
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