Tiffany v. eBay: Court Shuts The Door On Trademark And Opens A Window For False Advertising


The Second Circuit recently issued its decision in Tiffany (NJ) Inc. v. eBay Inc., 08-3947 (2d Cir. April 1, 2010), affirming in part the Southern District of New York’s decision that eBay was not directly or secondarily liable for trademark infringement or dilution. However, the appeals court remanded Tiffany’s false advertising claim to the lower court on the basis that some advertisements on eBay for Tiffany products may have been misleading.

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