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Tiffany v. eBay Tossed Out at High Court

by Lee Ross | November 29, 2010

If you're thinking of buying Tiffany jewelry on eBay you might want to know there's a good chance the diamond ring or silver necklace you're looking at is fake. Tiffany knows it. And so does eBay. But that fact apparently didn't sway the Supreme Court which Monday decided against hearing arguments in a dispute over eBay's obligation to stop online auctions of bogus Tiffany jewelry.

The nearly two-century old retailer claims eBay violates federal trademark law by allowing its merchandise to be sold even with the knowledge that many items are illegitimate.

Lower courts have sided with the online marketplace powerhouse concluding that Supreme Court precedents only require eBay to remove listings it specifically knows is auctioning bogus merchandise. Judges have determined that a generalized knowledge of impropriety is insufficient. Monday's high court decision effectively affirms that judgment.

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