EcommerceBytes-NewsFlash, Number 2257 - April 02, 2010     1 of 4

Tiffany May Take eBay Counterfeit Battle to Supreme Court

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The U.S. Second Circuit Court of Appeals upheld a lower court's ruling in Tiffany's dispute with eBay over counterfeits sold on its site. Tiffany said its attorneys were performing a full review of the decision and were considering an appeal to the U.S. Supreme Court.

eBay said it welcomed the appeals court ruling, and its general counsel Michael Jacobson issued the following statement:

"The decision is a critically important victory for online consumers who want the best prices for genuine products and underscores eBay's commitment to connecting buyers and sellers under the pillars of trust, value, and selection. The ruling validates eBay's leading efforts to fight counterfeiting and its commitment to providing consumers with choice and value in a safe and trusted marketplace. We continue to support cooperation, rather than litigation, as the best way to address these issues in everyone's best interests and we remain confident that the one remaining issue in the case will be decided favorably on remand."

Tiffany & Co. also issued a statement for the media, stating that court ruling allows eBay to continue to sell counterfeit Tiffany products on its website.

"While the decision leaves room to establish Tiffany's claims for false advertising, it leaves in place a prior ruling which allows eBay to profit from counterfeit sales. This decision will not help innocent consumers who are being victimized by illegal e-commerce practices.

"eBay knew that counterfeit merchandise was being sold on its site - and eBay took no effective steps to stop it. eBay deliberately misled consumers for profit, and unfortunately, the court has justified its actions. The consumer is the real loser today."

About the author:

Ina Steiner is co-founder and Editor of EcommerceBytes and has been reporting on ecommerce since 1999. She's a widely cited authority on marketplace selling and is author of "Turn eBay Data Into Dollars" (McGraw-Hill 2006). Her blog was featured in the book, "Blogging Heroes" (Wiley 2008). Follow her on Twitter at @ecommercebytes and send news tips to

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