Thursday August 19th, the NYLJ has this article about Tiffany's suit against eBay for direct and contributory trademark infringement over using its name as a keyword for links that send Internet customers to eBay auctions and failing to prevent auctions of counterfeit Tiffany products. New York is a town that knows its knockoffs, and that lots of shoppers want a bag they can afford that says "Louis Vuitton" and don't care a fig where it comes from or how it's made. The article points out that high-end art and antiques auction houses undertake significant efforts to avoid selling forgeries and falsely attributed works, but also observes that eBay is not only an art gallery but a flea market and many other things as well, selling new and used items on an enormous scale. The case could set precedent and become a trademark chestnut, but my money says it settles.
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