Tiffany (NJ) and Tiffany and Company (Tiffany) sued eBay in Federal District Court for trademark infringement, trademark dilution, false advertising, contributory trademark infringement, and contributory trademark dilution. EBay challenged the counts of contributory infringement and dilution on two grounds. First eBay claimed it did not offer a product, and therefore could not be liable. Second eBay asserted that it did not support any known infringers. EBay claimed fair use for all the counts of trademark infringement. The court found contributory infringement applied to eBay because it controlled its site. However, it agreed that eBay did not support any known infringers. The court rejected the claims of infringement and dilution because eBay’s use was fair.
Published in Tuesday, November 11, 2008, Volume 6, No. 2Stanford Center for Internet and Society
In the heart of the Silicon Valley, legal doctrine is emerging that will determine the course of civil rights and technological innovation for decades to come. The Center for Internet and Society (CIS), housed at Stanford Law School and a part of the Law, Science and Technology Program, is at the apex of this evolving area of law.
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