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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IPKat successfully predicts our description of EBay’s victory over L’Oreal regarding the sale of counterfeits.

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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Schwimmer Inside Counsel Article

Details on this October 2 Webinar here.

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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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“”

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.