EBay has the “honor” of being in the Wall Street Journal headlines twice today. So what do you want to read about regarding eBay today; trademark infringement or merchants leaving eBay for other smaller niche auction sites ? Looks like eBay may want a little ORM in place to handle this current flood of “news”. For this post’s purposes we will look at the trademark story. On the heels of a July victory stemming from a 2004 suit brought against them by Tiffany & Co. regarding the sales of fake goods on the auction site, eBay will have to suffer through the appeals process before victory is theirs. Apparently Tiffany’s doesn’t agree with the ruling handed down by US District Court Judge Richard Sullivan. It was Tiffany’s contention that eBay was not doing enough to prevent counterfeit goods from being sold on their site. The ruling stated that trademark holders like Tiffany’s, not eBay, “bore the main responsibility for monitoring eBay’s auction site for fake goods.” Tiffany’s response was “that the court’s ruling failed to apply established principles of trademark law.”

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