From our private database of 14,100+ case briefs...
Tiffany (NJ), Inc. v. EBAY, Inc.
United States Court of Appeals for the Second Circuit
600 F.3d 93 (2010)
Ebay, Inc. (Ebay) (defendant) was an online marketplace for new and used goods. Individuals listed goods on Ebay for sale to other individuals, and Ebay received money from both listings and actual sales. Because fraud was easily perpetrated through sales on Ebay, Ebay implemented several measures to reduce fraud, including: (1) employing thousands of employees to fight trafficking in illegal goods and fraud on its site, (2) using computer programs to detect fraud, (3) creating a “Verified Rights Owner Program” through which intellectual-property-rights owners could notify Ebay of potential fraud and Ebay would remove the suspect listing, (4) suspending sellers suspected of selling counterfeit products, and (5) delaying when listings for high-end brands were available to customers to give intellectual-property-rights owners time to review the listings. Tiffany (NJ) Inc. and Tiffany and Company (Tiffany) (plaintiffs) manufactured and sold high-end jewelry. Second-hand Tiffany goods were sold on Ebay, many of which were counterfeit. Whenever Tiffany notified Ebay of a potentially fraudulent listing, Ebay promptly removed the listing. Tiffany sued Ebay for, among other things, contributory trademark infringement. After a bench trial, the district court ruled for Ebay on the contributory infringement claim. Tiffany appealed.
Rule of Law
Holding and Reasoning (Sack, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 222,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.