REBUFFED on its claim that the online auction site eBay had violated its trademark, Tiffany & Co. said yesterday it was considering taking its case to the U.S. Supreme Court.
The U.S. Court of Appeals for the Second Circuit affirmed in Tiffany, Inc. v. eBay Inc., 08-3947-cv, a lower court ruling finding that eBay could not be sued for trademark infringement for including on its Web site knockoffs of Tiffany’s luxury jewelry as long as eBay takes steps to remove them and is not willfully blind to their presence.
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