18 district court's judgment with respect to Tiffany's claims of 19 trademark infringement and dilution but remand for further 20 proceedings with respect to Tiffany's false advertising claim. 12 Tiffany's concern that some use eBay's website to sell 13 counterfeit Tiffany merchandise, Tiffany has instituted this 14 action against eBay, asserting various causes of action - 15 sounding in trademark infringement, trademark dilution and false 16 advertising - arising from eBay's advertising and listing 17 practices. and Tiffany and Company 10 (together, "Tiffany") have created and cultivated a brand of 11 jewelry bespeaking high-end quality and style. 9 It has facilitated the buying and selling But that marketplace is sometimes employed by Plaintiffs Tiffany (NJ) Inc. 7 users as a means to perpetrate fraud by selling counterfeit 8 goods. 5 by hundreds of millions of people and entities, to their benefit 6 and eBay's profit. ("eBay"), through its eponymous online 3 marketplace, has revolutionized the online sale of goods, 4 especially used goods. 2 The San The Public 1 SACK, Circuit Judge: 2 eBay, Inc. 37 38 39 40 41 Fred von Lohmann, Michael Kwum, Electronic Frontier Foundation, Francisco, CA, for Amici Curiae Electronic Frontier Foundation, Citizen, and Public Knowledge. Fleming, Brinks Hofer Gilson & Lione, New York, NY, for Amicus Curiae Yahoo! Inc. Michael, Brinks Hofer Gilson & Lione, Chicago, IL, David S. 32 33 34 35 36 Meredith Martin Addy and Howard S. Jain, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Amici Curiae, Inc., Google Inc., Information Technology Association of America, Internet Commerce Coalition, Netcoalition, United States Internet Service Provider Association, and United States Telecom Association. 19 20 21 22 Alain Coblence, Coblence & Associates, New York, NY, for Amicus Curiae The Council of Fashion Designers of America, Inc. Satterwaite, Meghan Hemmings Kend, Venable LLP, Washington, D.C., for Amicus Curiae Coty, Inc.
Potenza, Debevoise & Plimpton LLP, New York, NY, for Amicus Curiae The International Anticounterfeiting Coalition. Fiore on the brief) Weil, Gotshal & Manges LLP, New York, NY, for Defendant-Appellee. Lackman, on the brief) Arnold & Porter LLP, New York, NY, for Plaintiffs-Appellants. Goldberg, Senior Judge, United States Court of International Trade, sitting by designation.
Appeal from a judgment of the United States District * The district court We affirm the judgment with respect to Tiffany's The Honorable Richard W. 23 claims of trademark infringement and dilution, but remand for 24 further proceedings with respect to Tiffany's claim of false 25 advertising. Sullivan, Judge) concluded, inter alia, that eBay - 19 the proprietor of a website through which counterfeit Tiffany 20 merchandise was sold - did not, on the facts presented, engage 21 in trademark infringement, false advertising, or trademark 22 dilution. PARKER, Circuit Judges, and Goldberg, Judge.* 17 Court for the Southern District of New York. and TIFFANY and COMPANY, 8 Plaintiffs-Appellants, 9 - v. 1 2 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 3 August Term, 2008 4 (Argued: JDecided: April 1, 2010) 5 Docket No.