Tiffany Inc. v. eBay Inc.
United States Court of Appeals for the Second Circuit
600 F.3d 93 (2d Cir. 2010)
After discovering counterfeit Tiffany (plaintiff) jewelry being sold by third-party sellers on its platform, eBay (defendant) received demand letters from Tiffany that didn't identify specific infringing sellers, as well as Notice of Claimed Infringement (NOCI) forms that did identify specific sellers, and eBay promptly removed listings identified in NOCIs and suspended repeat offenders; eBay had also independently implemented substantial anti-fraud measures, including thousands of employees combating trafficking and fraud, computer fraud-detection programs, a Verified Rights Owner Program letting rights holders flag suspect listings for removal, seller suspensions, and delayed listing availability for high-end brands to allow rights-holder review. Tiffany sued for contributory trademark infringement, the district court ruled for eBay after a bench trial, and Tiffany appealed.
Whether a service provider must have more than a general knowledge or reason to know that its service is being used to sell counterfeit goods in order to be liable for contributory infringement.