posted on September 13, 2010 06:55:37 PM new
Eh? I didn't know Tiffany had a problem with eBay. What? There can't be that many bootleg copies of "I think we're alone now...doesn't seem to be anyone aro-ou-ound" out there...
posted on September 14, 2010 11:23:44 AM new
EBay Wins Court Ruling Rejecting Tiffany’s Ad Claim
By David Glovin - Sep 13, 2010 4:12 PM CT Email Share
Business Exchange Twitter Delicious Digg Facebook LinkedIn Newsvine Propeller Yahoo! Buzz Print EBay Inc., the most-visited U.S. e-commerce site, won a judge’s ruling tossing out a false- advertising claim by Tiffany & Co., the second time in two years that the online auctioneer has prevailed in a lawsuit against the second-largest luxury jewelry retailer.
Tiffany sued in 2004 over the sale of counterfeit jewelry on EBay’s website. U.S. District Judge Richard Sullivan in New York ruled in EBay’s favor in 2008, rejecting trademark infringement and false-advertising claims. An appeals court in April upheld most of the judge’s ruling while reinstating a single false-advertising claim.
Sullivan today dismissed the claim, saying “there is no extrinsic evidence indicating that the challenged advertisements were misleading or confusing.”
EBay, based in San Jose, California, owner of the PayPal payment service, on July 21 reported second-quarter profit that topped analysts’ estimates while predicting that a foreign- currency slump would eat into overseas sales this year.
Mark Aaron, a spokesman for New York-based Tiffany, declined to comment.
“We are pleased with today’s ruling, which settles the last remaining claim before the trial court in this case,” Michelle Fang, EBay’s associate general counsel, said in a statement. “The trial court has ruled in EBay’s favor on every claim brought by Tiffany.”
The case is Tiffany v. EBay, 04-cv-4607, U.S. District Court, Southern District of New York (Manhattan).
To contact the reporter on this story: David Glovin in Manhattan federal court at [email protected].
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There is no 'Global savings glut',only wild horses and loose bankers.
