United States Court of Appeals for the Second Circuit
600 F.3d 93 (2d Cir. 2010)
eBay, Inc. (eBay) (defendant) was an online marketplace where third parties sellers operated. Tiffany Inc. (Tiffany) (plaintiff), a high-end jewelry chain, discovered that counterfeit Tiffany jewelry was being sold on eBay. Among other methods designed to stop the practice, Tiffany sent eBay demand letters and filed Notice of Claimed Infringement (NOCI) forms. The demand letters did not specify which sellers were infringing Tiffany’s trademark. The NOCIs did identify specific sellers. Upon receiving a NOCI, eBay removed the identified listing(s) and suspended repeat offenders from its service. Tiffany brought suit against eBay for contributory trademark infringement, among other things. The district court found that eBay was not liable for contributory infringement. Tiffany appealed.
Rule of Law
Holding and Reasoning (Sack, J.)
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