Many people will access eBay this month to purchase that special gift for the holidays. In doing so, there are many products listed on eBay that are associated with valuable trademarks.

In a previous blog post, “New York Provides No Assistance to „The Little Blue Box? Company,” we informed you that a district court had found that Tiffany & Co.—not eBay—was responsible for protecting its brand and trademark on the auction site. In other words, eBay was not responsible for keeping its users from selling fake jewelry with the Tiffany & Co. name. eBay was only required to take appropriate action after it had received notice of the infringement, presumably from Tiffany & Co. Since this post, the United States Court of Appeals for the Second Circuit affirmed the decision for the most part. The only issue remanded back to the district court was whether eBay?s use of Tiffany & Co.?s trademarks constituted false advertising.