FREE DOWNLOAD: Opinion - Tiffany Inc. v. eBay, Inc., 600 F.3d 93 (2d Cir. N.Y. 2010)

600 F.3d 93, *; 2010 U.S. App. LEXIS 6735, **;
94 U.S.P.Q.2D (BNA) 1188; 2010-1 Trade Cas. (CCH) P77,013

TIFFANY (NJ) INC. and TIFFANY and COMPANY, Plaintiffs-Appellants, - v. - eBay, Inc., Defendant-Appellee.

Docket No. 08-3947-cv

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

600 F.3d 93; 2010 U.S. App. LEXIS 6735; 94 U.S.P.Q.2D (BNA) 1188; 2010-1 Trade Cas. (CCH) P77,013

July 16, 2009, Argued
April 1, 2010, Decided

eBay, Inc. ("eBay"), through its eponymous online marketplace, has revolutionized the online sale of goods, especially used goods. It has facilitated the buying and selling by hundreds of millions of people and entities, to their benefit and eBay's profit. But that marketplace is sometimes employed by users as a means to perpetrate fraud by selling counterfeit goods.

Plaintiffs Tiffany (NJ) Inc. and Tiffany and Company (together, "Tiffany") have created and cultivated a brand of jewelry bespeaking high-end quality and style. Based on Tiffany's concern that some use eBay's website to sell counterfeit Tiffany merchandise, Tiffany has instituted this action against eBay, asserting various causes of action -- sounding in trademark infringement, trademark dilution and false advertising -- arising from eBay's advertising and listing practices. For the reasons set forth below, we affirm the district court's judgment with respect to Tiffany's claims of trademark infringement and dilution but remand for further proceedings with respect to Tiffany's false advertising claim.

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