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Judge rules eBay not liable for fakes: related news
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judge ebay fakes liable not rules
NEW YORK (AP) -- EBay Inc. scored an important victory in court Monday, as a federal judge said companies such as jeweler Tiffany & Co. are responsible for policing their trademarks online, not auction platforms like eBay.
in Top Internet
via CNN @ 22:20 14th Jul
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Tiffany & Co. challenged yesterday a federal ruling that largely absolved eBay Inc. of policing its auction site for counterfeit items, saying the judge was wrong to leave the primary burden to the jewellery maker. The appeal with the 2nd U.S. Circuit Court of Appeals in New York extends a case that Tiffany filed against eBay in 2004 arguing that most items listed for sale on eBay as genuine Tiffany products were fakes. Last month, a judge ruled that trademark holders like the jewellery maker, rather than auction platforms like eBay, are responsible for policing their brands online. Tiffany lawyer James Swire said yesterday that trademark law doesn't put the responsibility on Tiffany for policing its own trademark. "The judge's entire analysis of what is Tiffany's responsibility with respect to the site versus eBay's starts from an incorr
in Online Auctions
via Report On Business @ 16:59 12th Aug
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Tiffany & Co. challenged yesterday a federal ruling that largely absolved eBay Inc. of policing its auction site for counterfeit items, saying the judge was wrong to leave the primary burden to the jewellery maker. The appeal with the 2nd U.S. Circuit Court of Appeals in New York extends a case that Tiffany filed against eBay in 2004 arguing that most items listed for sale on eBay as genuine Tiffany products were fakes. Last month, a judge ruled that trademark holders like the jewellery maker, rather than auction platforms like eBay, are responsible for policing their brands online. Tiffany lawyer James Swire said yesterday that trademark law doesn't put the responsibility on Tiffany for policing its own trademark. "The judge's entire analysis of what is Tiffany's responsibility with respect to the site versus eBay's starts from an incorr
in Online Auctions
via Globe and Mail @ 12:15 12th Aug
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Tiffany & Co. challenged yesterday a federal ruling that largely absolved eBay Inc. of policing its auction site for counterfeit items, saying the judge was wrong to leave the primary burden to the jewellery maker. The appeal with the 2nd U.S. Circuit Court of Appeals in New York extends a case that Tiffany filed against eBay in 2004 arguing that most items listed for sale on eBay as genuine Tiffany products were fakes. Last month, a judge ruled that trademark holders like the jewellery maker, rather than auction platforms like eBay, are responsible for policing their brands online. Tiffany lawyer James Swire said yesterday that trademark law doesn't put the responsibility on Tiffany for policing its own trademark. "The judge's entire analysis of what is Tiffany's responsibility with respect to the site versus eBay's starts from an incorr
in Online Auctions
via Globe Investor @ 9:09 12th Aug
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SANTA MONICA, Calif., Aug. 5 /PRNewswire/ -- Santa Monica, California native Greg Kusch, the author of a new book "The Guru's Guide to eBay" (http://www.wewillsellanything.com), reveals his personal eBay secrets to success and insider's knowledge in Santa Monica, California on August 23, 2008. Kusch is accredited through eBay University, one of only 28 people in the world who is certified and trained by eBay. During the course of these seminars, attendees will learn from the master "The Basics of Selling on eBay" and "Beyond the Basics (How to Open a Business on eBay)" as well. These courses give new or inexperienced eBay users the tools they need to become successful eBay sellers and entrepreneurs.
in Online Auctions
via Macro World Investor @ 16:38 5th Aug
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EBay Inc. (EBAY) opened at 27.09. So far today, the stock has hit a low of 25.95 and a high of 27.43. EBAY is now trading at 27.22, down 0.27 (-1.00%). The stock hit its 52 week high of 40.73 in October and set its 52 week low of 25.10 in March. EBAY has been dropping for most of the past year. A RBC Capital Markets analyst cut his price target on the stock today to $35 from $40, and said the effect of deals with large online retailers the company's revenue may be more muted due to less-favorable terms. The company had signed a deal with Buy.com allowing it to sell books, electronics and other items on eBay's Website without paying the full complement of fees. Technical indicators for the stock are bearish but slightly improving while S&P gives EBAY a very positive 5 STARS (out of 5) strong buy rating.
in Online Auctions
via Market Intelligence Center @ 16:08 16th Jul
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US-based online auction services provider eBay has had an important legal win in a court case involving fake jewellery. District Court of New York judge Richard Sullivan has found that claimant Tiffany was wrong to put the onus for policing the trade in counterfeit goods on eBay, and noted that auctions for fake jewellery were cancelled immediately when Tiffany alerted eBay to them. The legal team for the luxury goods brand has signalled an appeal may be lodged. eBay had previously lost in a similar matter, when a French court ruled in favour of LVMH Moet Hennessy Louis Vuitton and ordered compensation of in excess of $US61m be paid to it by eBay
in Online Auctions
via Business Spectator @ 19:53 15th Jul
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NEW YORK - EBay Inc. scored an important victory in court Monday, as a federal judge said companies such as jeweler Tiffany & Co. are responsible for policing their trademarks online, not auction platforms like eBay.
in Online Auctions
via MSNBC @ 21:53 14th Jul
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Online auctioneer eBay claimed yesterday to have won a Belgian court case against L'Oreal after the French cosmetics giant sued it over the sale of counterfeit goods. L'Oreal has brought cases against eBay in five European nations, including Belgium, accusing the company of not doing enough to prevent the sale of counterfeit goods posted on its auction and sale sites. The Belgian commercial court, the first jurisdiction to deliver a ruling, "has ruled in favour of eBay," said Sravanthi Agrawal, eBay spokeswoman in Europe. The court ruled that the world's largest online auctioneer did not have "a general monitoring obligation" of what was on offer on its site. "The judge confirmed that eBay acted diligently when it received letters from L'Oreal," the spokeswoman added.
in Online Auctions
via National Post @ 14:22 13th Aug
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A court in France ordered eBay to pay more than 61 mega-dollars to the parent company (LVMH) of Givenchy, Fendi, Marc Jacobs and Louis Vuitton, because a user sold fake goods on the website. eBay has been sued by other 'luxury goods' vendors (such as Tiffany's (US), Rolex (Germany) and L'Oreal (EU)). Problems stem from some companies demanding that their merchandise (even legal merchandise) not be displayed nor sold as it is a violation of their 'property.' Others have complained that eBay is too slow to take down claims. Apparently eBay was hit with two violations: 1) eBay illegally allowed legitimately purchased and owned products made by LVMH to be resold on its website by 3rd parties not under the control of LVMH, and 2) not doing enough to protect LVMH's brands from illegal sales.
in Online Auctions
via Slashdot @ 19:16 1st Jul
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Marketplace Research by Terapeak Offered as Alternative to eBay Marketplace Research VICTORIA, Aug. 18 /PRNewswire/ - Terapeak, an eBay Certified Provider, today announced that Marketplace Research by Terapeak is being offered as an alternative for eBay Marketplace Research, which eBay plans to retire as of September 15th, 2008. Available to all existing eBay Marketplace Research subscribers, and to all eBay users going forward, the tool will be accessible from the eBay website, and Terapeak will provide dedicated customer support. Fred Speckeen, CEO of Terapeak/AERS, says, "The transfer of research responsibilities to Terapeak reflects our longstanding business relationship with eBay, and our company's commitment to providing the best market research product possible.
in Online Auctions
via Reuters @ 15:51 19th Aug
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EBAY has scored an important victory in court, as a federal judge says companies such as jeweller Tiffany are responsible for policing their trademarks online, not auction platforms like eBay.
in Online Auctions
via The Australian @ 20:02 15th Jul
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EBay Inc. has scored an important victory in court as a federal judge said companies such as jeweller Tiffany & Co. are responsible for policing their trademarks online, not auction platforms like eBay.
in Online Auctions
via CBC @ 14:20 15th Jul
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SAN FRANCISCO — Online auctioneer eBay (EBAY) scored a major court victory Monday when a federal judge ruled that Tiffany & Co. (TIF) failed to prove eBay was responsible for the sale of fake Tiffany jewelry.
in Online Auctions
via USA Today @ 21:53 14th Jul
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A federal judge has ruled that eBay Inc. is not legally liable for sales of counterfeit Tiffany items on eBay. The decision not only benefits online marketplaces like eBay and Craigslist where consumers and web merchants resell merchandise, but removes a potential obstacle to the extension of such web commerce to social networks like MySpace and Facebook, legal experts say.
in Online Auctions
via InternetRetailer.com @ 7:42 16th Jul
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Anthony Green, an eBay seller from Australia, sent a letter to the Reserve Bank of Australia (RBA) requesting it take action with regards to eBay's policy requiring users to offer PayPal on all transactions. Sellers are still fuming over eBay's attempt to make PayPal the exclusive payment service on eBay Australia (referred to as "Stage 2"), which eBay backed away from after a regulatory agency indicated it would not support such a move. However, eBay Australia left its "Stage 1" policy in place, requiring sellers offer PayPal on all transactions.
in Online Auctions
via Auctionbytes.com @ 13:24 22nd Jul
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eBay said the Belgian Tribunal de Commerce has dismissed all claims by L'Oreal brought against eBay regarding the sale of counterfeit items. eBay issued a statement published on the eBay corporate blog "This is the second successful court ruling in a row for eBay, both supporting our view that controlling prices and distribution reduces consumer choice. The litigation of counterfeits against eBay has been exposed as merely a stalking horse. eBay provides a vibrant and trusted marketplace that gives European consumers a good deal. We work to tackle the menace of counterfeit through action and co-operation with rights owners."
in Online Auctions
via Auctionbytes.com @ 10:00 13th Aug
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An anonymous reader writes "eBay's has lost its fight to ban all payment methods except PayPal. When Paypal originally announced the scheme it was to be global, but they began with a dry run in Australia to test the reaction of government and consumer authorities. In the public slanging match that followed between eBay and the regulatory ACCC, eBay spammed users claiming it was fighting for 'safety benefits for consumers.' Fortunately the consumers won. Conceded eBay vice president Simon Smith, 'While we disagree with the ACCC's draft notice, we have decided to withdraw the notification to stop any further confusion and disruption among the eBay community.' Nevertheless eBay insists PayPal is now always offered as a payment option. Have big corporations finally learned that they can go too far? More chillingly, if eBay had launched the sc
in Web Developer
via Slashdot @ 15:23 4th Jul
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sm62704 notes a Reuters story reporting that eBay has beat Tiffany in court in a "knockout" decision. If this had gone the other way, not only would eBay be in trouble (especially after the loss of a similar case in France), but so would Net commerce as a whole. Tiffany seems certain to appeal. "All of Tiffany's trademark infringement claims against eBay were rejected — a knockout blow to the four-year-old lawsuit that had been closely watched by Internet companies as well as luxury goods makers seeking to stop the sale of counterfeit products online. Tiffany & Co had alleged that eBay turned a blind eye to the sale of fake Tiffany silver jewelry on its site. EBay had countered that it was not in a position to determine which goods were knock-offs.
in Online Auctions
via Slashdot @ 21:52 14th Jul
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SAN JOSE, Calif., BUSINESS WIRE -- eBay Inc. (Nasdaq:EBAY)(www.ebay.com) today praised a federal judge's ruling in the Tiffany vs. eBay trademark case, affirming the company's leading efforts to fight counterfeits and to support consumer choice to buy and sell authentic merchandise online. The U.S. District Court for the Southern District of New York also declared that eBay takes appropriate steps to remove suspected counterfeit listings as part of the company's additional efforts to provide a safe and trusted marketplace. Furthermore, the court also found that Tiffany was responsible for policing its own trademark on eBay.
in Online Auctions
via Consumer Electronics Net @ 21:53 14th Jul
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To really maximise your eBay ebook sales you need to be promoting your eBay store. eBay stores get less exposure than normal eBay listings and therefore will not yield great sales for you unless you promote them. There are many ways both on and off eBay that you can promote your eBay store. This article outlines some of them:
in Blog Watch
via Articles Bridge @ 6:57 2nd Sep
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EBay delays mandatory shipping specifications until August, eBay apps for the new iPhone are out now and eBay offers Fixed Price listings promotions. Plus, we take a look at the free eBay alternative selling site, Flippid.com, and also offer hints and tips from eBay sellers.
in Online Auctions
via Electronic Commerce Guide @ 19:47 16th Jul
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Ahhh, the king of online shopping -- or maybe the Mecca of Internet auctioning -- is eBay (EBAY: View sentiment for EBAYsentiment, chart, options) . I am not going to act like I am a stranger to a website that is almost entirely devoted to the art of shopping (yes, art), but for those of you who may not be familiar with the eBay concept, it is an online marketplace for the sale of goods and services, online payment services, and online communications. It functions through more than just the popular eBay.com website; it also enables online commerce through kijiji, gumtree.com, loquo.com, opusforum, half.com, rent.com, and stubhub.com, among others. The communications segment of EBAY operates through Skype, which is software that allows users to make telephone calls over the Internet.
in Online Auctions
via Schaeffers Research @ 19:04 1st Jul
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NEW YORK — EBay (EBAY) scored an important victory in court Monday, as a federal judge said companies such as jeweler Tiffany & Co. (TIF) are responsible for policing their trademarks online, not auction platforms like eBay.
in Online Auctions
via Investors Business Daily @ 21:52 14th Jul
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eBay cannot be forced to police its auction listings to identify counterfeit Tiffany & Co. products, a federal judge ruled in a lawsuit brought by the iconic 171-year-old jewelry. In what could become a landmark case for auction Web sites, the court said trademark law cannot be used to force eBay to shoulder the burden of examining individual auction listings for possible counterfeits.
in Online Auctions
via GigaLaw.com @ 15:14 16th Jul
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