Tiffany’s is chasing down eBay in an appeals court for not following up with enough policing for counterfeit goods. However, the previous ruling was that eBay did remove any auction that Tiffany’s reported.
My personal thoughts are that eBay is in the right here. If you have trademarked goods, you’re the expert in what is right and wrong. Not the auction site. On top of that, there is no possible conception for the auction site to be a reasonable expert in “everything”. I mean, how is eBay to hire counterfeit experts? Are there people that are good at seeing everything as counterfeit?
It’s just a ridiculous request to make. If your trademark is being infringed, whether or not it’s explicit or implicit, it becomes your business to enforce your mark. Mediums like auction sites have to support the trademark holder, but in my opinion, I don’t believe that they should be the ones taking the responsibility off the trademark holder.
Photo Credit: (liewcf)