It is not often that nearly every seat is full in the ample courtroom of the U.S. Court of Appeals for the Second Circuit. That it was on Thursday morning during oral arguments in the Tiffany (NJ) v. eBay, 08-3947-cv, appeal indicates just how high the stakes are in this trademark infringement case—not just for the parties directly involved, but for anyone with a vested interest on either side of the key issues being litigated.
The arguments came a year and a day after Southern District Judge Richard Sullivan rejected in Tiffany (NJ) Inc. v. eBay, Inc., 04 civ. 4607, Tiffany’s claim that eBay had aided the infringement of its trademark by not doing enough to yank fake Tiffany jewelry off its site (NYLJ, July 15, 2008).
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