Search for: "Tiffany Wells"
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15 Jul, 2008 2:55 am
... is deeply linked to eBay's specific situation--both the fact that it allows users to sell legitimate Tiffany goods, as well as the
many efforts that eBay made to prospectively accommodate the interests of IP owners, which eBay can afford to do ... of nouns, including third party trademarks, and buys the
noun/trademark as the triggering keyword. eBay did this with the Tiffany trademark. Because this court is in the Second Circuit, this judge
joins the prevailing caselaw that buying "Tiffany" as the ...
15 Jul, 2008 12:14 am
... of every piece of the underlying jewelry is protected by trade dress, an argument Tiffany's did not make in this case. Of course, it may
well be the case that "style" was so often a signal of counterfeit status that a ban was ... , because my niche is advertising law, a word about the false advertising claims: The
argument was that eBay advertised the availability of Tiffany jewelry, but, given the high percentage of counterfeits for sale on the site,
that was as false as advertising that a model of ...
14 Jul, 2008 8:32 pm
... made reasonable efforts to detect and terminate sales of counterfeit goods, and promptly terminated any counterfeit sales that Tiffany's
brought to its attention. Some may worry that this decision will hurt consumers by allowing sales of counterfeit products to continue ... On the other hand, Tiffany's suit threatened to block the online sale of authentic, as well as counterfeit, products. This suggests that Tiffany's motives for bringing this case may not have been as simple as a desire to prevent ...
20 Dec, 2007 7:45 am
... counterfeit goods sold via eBay. These briefs provide a nice overview of the points of contention as well as a treasure trove of facts. Some highlights: * Tiffany sent almost 135k takedown notices to eBay in 2006. (Interestingly, that number appears ... rats nest" for Tiffany counterfeits (presumably, the rodential analogy to "red flags" of infringement under 512). * eBay says that Tiffany has dedicated only 0.1% of its gross sales to counterfeit enforcement (excluding the litigation costs in this ...
21 Nov, 2007 9:30 am
... The outcome of this trial, though likely to continue on appeal, will greatly affect internet auction websites. A victory by Tiffany will
not only spawn hundreds of additional lawsuits against Ebay, it will cost the internet auctioneer millions of dollars in ... This standard was mentioned in dicta in the Ives case, and
Tiffany would like this stricter standard applied to Ebay. The outcome of this case will have major implications for Ebay as well as
trademark owners whose goods are sold through Ebay ...
4 Dec, 2007 3:51 pm
... believe that it is possible to write articles on a daily basis. To be worth reading, a post on this blog must be well written and well researched. Daily posts serve,
as I understand it, to raise a blog in search post rankings and on blog ranking ... not going to impose a posting deadline on myself. Accordingly, readers are encouraged to make use of
the RSS feed facility. Tiffany takes on e-Bay I've posted previously about the difficulties of preventing the sale of counterfeit goods and the
re-sale of ...
16 Jul, 2008 1:56 pm
... S. District Court for the Southern District of New York ruled that Ebay Inc. was not liable for the sale of counterfeit Tiffany's products
on its website. In a 66 page decision (link below), Judge Richard Sullivan held that Tiffany's ... after being notified about specific
instances of trademark infringement, as eBay did with the fake Tiffany jewelry, the judge said." Additional information regarding this
decision, as well as the decision itself, is available at the links below. S.D.N.Y. Decision: ...
5 Dec, 2008 11:54 am
... Electronic Frontier Foundation, Public Knowledge and Public Citizen (.pdf). If Tiffany prevails on appeal, online marketplaces would likely
come "to a halt," the groups said ... a court filing Wednesday. They urged the appellate court "to reject Tiffany's effort to rewrite trademark
law to relieve mark-owners of their traditional obligation to police their own marks, online and off." Amazon and Google, (.pdf) as well as Yahoo (.pdf) and others have sided
with eBay. The Council of Fashion Designers ...
14 Jul, 2008 5:39 pm
Well it looks like eBay v. Tiffany & Co. is finally over and eBay has come out on top. This is a huge case for the web and internet
commerce. The ruling means that eBay (and other web based marketplaces like Craigslist) can continue to rely on trademark holders to monitor their site [...]
27 Jun, 2007 3:32 pm
... options, of course, are to pay for the duck or return the duck. Many people, however, might choose simply to keep the duck. The one thing that most of us would never have
anticipated is that the duck would rise to fame and fortune (well, at least fame), as bloggers everywhere took heartfelt, strident, and sometimes downright hostile positions on
whether the duck should be returned. The issue has spiralled so far out of control that Blog Talk Radio will be hosting a program this evening, and the ...
27 Mar 5:34 am
... say brand owners have to bear, not share, the cost may allow Tiffany to fight counterfeiting, others will have to trade off brand
protection against other ... targets. That means that smaller guys do suffer, but not at the same scale that Tiffany did. Practical things for
defending a brand: Work with business side and allocate ... s more profitable to build a healthy marketplace with a certain level of trust-a clean, well-lighted place as a
longterm business model. (What isn't being said here, of course ...
21 Sep 7:53 am
... [20] As a method to attempt and counteract the possibility of industry failure, companies such as Tiffany are suing those who facilitate
the successful exchange or purchase of these goods. In the Southern District ... eBay's good faith efforts in trying to detect the sale of counterfeit items as well as
determining that "preventing counterfeits will only be effective through a close collaboration between rights ... supra note xv. [18] Id. [19] Id. [20] Id. [21] Tiffany Inc. v. eBay, 576 F.Supp.2d 463 (S.D ...
6 Dec, 2007 5:02 am
... run more than six miles without hurting not exactly being marathon-ready, well, this beats not running. I want to run at least a half-marathon just to get the ... medals of
honor/valor/whatever. I am a little envious of my friends, who got Tiffany necklaces with a running motif upon completing the marathon. If it's
another thing ... my sister gave me, simple stud earrings, and my two delicate Tiffany silver necklaces. I do not apologize for being attached
to this label or these particular necklaces, ...
4 Dec, 2008 10:11 pm
... Google's YouTube. A New York federal judge in July ruled against Tiffany, the high-end jeweler. The judge said eBay, the world's largest
online ... their own marks, online and off." Amazon and Google, (.pdf) as well as Yahoo(.pdf) and others have sided with eBay. The Council of Fashion Designers ... and the
International Anti-counterfeiting Coalition(.pdf) have urged the court to side with Tiffany. "Although eBay profits handsomely from a system of
its own invention that facilitates substantial fraud ...
7 Oct 11:16 am
... focus of the Second Circuit's oral arguments, the American Lawyer said. According to the article, a trademark attorney for Tiffany argued
that eBay is aware of ongoing problems with counterfeiting, yet continues to allow sellers to sell alleged Tiffany products at ... eBay to
shoulder the work and cost of policing Tiffany's brand. This is a closely watched case, with amicus briefs filed by major online retailers and
Internet companies, as well as by companies and industry groups whose products are ...
3 Sep 2:02 am
... the courts of the evidence that can be used to show knowledge of infringing activity. Louis Vuitton is the distributor of the well-known line of luxury handbags that bear the
distinctive LV trademark. Akanoc offers traditional ISP webhosting services. ... of infringement. Perhaps these differing views of the knowledge requirement will be resolved when the
2nd Circuit reaches a decision in Tiffany v. eBay (or by the 9th Circuit, if the Louis Vuitton case is appealed). The take-away for digital
media ...
4 Jul, 2008 9:54 am
... are required to remove listings only upon actual notice; what Louis Vuitton, and Tiffany and all the rest want is for eBay to do the work
of filtering out those listings ... . Things look to be going the same way in the US as well, with both the CDA s 230c immunity under fire in the US Tiffany litigation, and DMCA immunity attacked ... rather than later going to overwhelm the 2000 consensus on immunity for online intermediaries, as
well as net neutrality (plug - see chapter in upcoming 3rd edn Law and ...
18 Sep 3:52 pm
... entire web hosting industry would benefit from a clear rule that notice-and-takedown eliminates contributory trademark liability, as well as clarity about what constitutes a
proper takedown notice. Due to the uncertainty of this lawsuit's result, if I ran a web ... statutory solution to online contributory trademark infringement problems. Maybe it's time.
Or, perhaps the Second Circuit's Tiffany v. eBay ruling will give us enough clarity to sort out the issues without statutory intervention. More
...
18 Jun, 2008 3:46 pm
... Finally, I elaborate a bit on the thinking behind my suspicion that "GC's don't really want to change," by analogy to shopping at Tiffany's: Paul's thoughts about quality and value are, as usual with Paul, intriguing, as well as a bit of a departure from where I was headed, so a
small dose of clarification may be in order. I violently agree that we lack sensible or compelling measures of the "quality" and the "value" of ...
16 Jul, 2008 3:07 pm
... orders. As Microsoft found out a few years ago, telling judges that, in effect, they "just don't get the technology" doesn't play well. (Here, by the way, is an interesting
blog item from Joe Nocera at The New York Times, entitled "EBay's Pyrrhic Victory," on the Tiffany ruling.) Some Technical Stuff: For those who
have been trying to understand exactly what the French ruling does and doesn't do, reporters - including me - have ...
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