IPKat takes a first look at the EBay / L’Oreal decision in the UK. The Court will hear argument on the formuation of questions to the ECJ.
Contributory/Vicarious Liability
Cartier Sues Apple Over iPhone App, Withdraws Suit The Same Day
Cartier files compaint over ‘fake watch’ iPhone app, withdraws suit later that day after Apple takes down app.
Compaint Cartier Apple
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Rare Victory For a Foreign Internet Business on French Soil
IPKat successfully predicts our description of EBay’s victory over L’Oreal regarding the sale of counterfeits.
Amicus Briefs in Tiffany v EBay Case
Wired: Auction Websites Hang In Legal Limbo:
The latest vocal entrant into the legal debate is the 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 in a court filing Wednesday. They urged the appellate court “to reject Tiffany’s
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Inside Counsel Article on Tiffany/eBay (quoting me)
Schwimmer Inside Counsel Article
I’m Doing A ‘Webinar’ Oct. 2 On Tiffany v eBay (Intermediate Liability)
Details on this October 2 Webinar here.
How Much Should Brand Owners Spend On Trademark Lawyers?
In yesterday’s decision in Tiffany v eBay, the Court noted:
Notwithstanding the significance of the online counterfeiting problem, it is clear that Tiffany invested relatviely modest resources to combat the problem. In fiscal year 2003, Tiffany budgeted approximately $763,000 to the issue, representing less than 0.05 percent of its net sales for that year .
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Breaking! EBay Prevails Over Tiffany in SDNY – Text of Decision
From the decision:
First, the Court finds the eBay’s use of Tiffany’s trademarks in its advertising on its homepage, and in sponsored links purchased through Yahoo! and Google, is a protected nominative fair use of the marks.
Second, the Court finds that eBay is not liable for contributory trademark infringement . . . the standrard
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WSJ.com: Did French Retailers Win ‘Hometown’ Verdict Against eBay?”
WSJ.com: “Did French Retailers Win ‘Hometown’ Verdict Against eBay“”
A French court today cracked down on counterfeits — and an outlet that sells them — ordering eBay to pay Louis Vuitton and other luxury brands — Kenzo, Guerlain, Dior and Givenchy — $63.1 million in damages for auctioning fake goods.
Tiffany v. eBay Trial Starts Today
WSJ.com Law Blog: Tiffany v. eBay:
“Who is responsible for the policing of counterfeit products on eBay?
If you think that’s an interesting question and you’re here in Gotham, hightail it down to Judge Richard Sullivan’s courtroom in the Southern District where a bench trial gets underway today pitting Tiffany against the online auctioneer.