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F.3d 93, *; 2010 U.S. App. LEXIS 6735, **;
94 U.S.P.Q.2D (BNA) 1188; 2010-1 Trade Cas.
INC. and TIFFANY and COMPANY, Plaintiffs-Appellants, - v. - eBay, Inc.,
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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