John Paczkowski

Recent Posts by John Paczkowski

Tiffany Announces eBay Counterfeit Collection

eBay took a hell of a beating last month in the European courts, which found the online auction site responsible for counterfeit sales. So eBay’s victory in a similar case in the United States today must be particularly sweet. A U.S. judge has ruled in eBay’s favor in the company’s long legal battle with Tiffany Co., finding that it is not legally liable for counterfeit Tiffany jewelry sold on its auction site. Claiming that eBay (EBAY) had an obligation to investigate the authenticity of items put up for auction on its site, Tiffany (TIF) sued the company for trademark infringement in 2004. But Richard Sullivan, Judge of the U.S. District Court for the Southern District of New York, ruled that the obligation is Tiffany’s, not eBay’s. “Companies like eBay cannot be held liable for trademark infringement based solely on their generalized knowledge that trademark infringement might be occurring on their Web sites,” Sullivan said in his ruling. In short, a trademark owner must police its own mark.

eBay was overjoyed by the ruling, which has effectively relieved it of the potentially significant financial burden of examining all its auction listings for possible counterfeits. “While today’s decision is a victory for consumer choice,” said Nichola Sharpe, an eBay spokeswoman, “it is a shame that so much effort has been wasted when Tiffany could have worked with eBay to more effectively fight counterfeits.”

Twitter’s Tanking

December 30, 2013 at 6:49 am PT

2013 Was a Good Year for Chromebooks

December 29, 2013 at 2:12 pm PT

BlackBerry Pulls Latest Twitter for BB10 Update

December 29, 2013 at 5:58 am PT

Apple CEO Tim Cook Made $4.25 Million This Year

December 28, 2013 at 12:05 pm PT

Latest Video

View all videos »

Search »

I think the NSA has a job to do and we need the NSA. But as (physicist) Robert Oppenheimer said, “When you see something that is technically sweet, you go ahead and do it and argue about what to do about it only after you’ve had your technical success. That is the way it was with the atomic bomb.”

— Phil Zimmerman, PGP inventor and Silent Circle co-founder, in an interview with Om Malik