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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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Recent happenings in the med mal practice area.
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Physicians who wish to minimize their potential liability for off-label prescriptions of drugs and devices have several tools they may use to position themselves favorably in the event of future litigation. Using these "best practices" will go a long way in helping their defense.
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A look at recent cases of note.
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When does a purchaser have a claim against a party with whom the purchaser has never dealt when that party made a negligent misrepresentation on which the purchaser relied?