eBay Wins Tiffany Case (Again)

    April 1, 2010

We’re not taking sides here, but April Fools’ Day seems like an appropriate time for some lawyers representing Tiffany to find out that they’ve wasted over a year and a half of their professional lives.  This afternoon, a court affirmed a previous ruling that favored eBay in a trademark infringement lawsuit.


The eBay-Tiffany dispute started way back in 2004, when Tiffany sued eBay on the grounds that it didn’t do enough to keep counterfeit merchandise off its site.  Tiffany lost that case in July of 2008, only to appeal in August of the same year.

Now, the U.S. Second Circuit Court of Appeals has sided with eBay, and Michael R. Jacobson, eBay’s general counsel, stated in response, "The decision is a critically important victory for online consumers who want the best prices for genuine products and underscores eBay’s commitment to connecting buyers and sellers under the pillars of trust, value, and selection."

Jacobson then continued, "The ruling validates eBay’s leading efforts to fight counterfeiting and its commitment to providing consumers with choice and value in a safe and trusted marketplace.  We continue to support cooperation, rather than litigation, as the best way to address these issues in everyone’s best interests . . ."

Only Tiffany may still appeal again in an attempt to take the case to the Supreme Court, meaning this isn’t necessarily the end of the lawsuit and all its lawyers’ work.