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Is eBay liable for direct or contributory trademark infringement when individual sellers post auction listings on the site to sell counterfeit products? A French court recently answered yes in holding eBay liable for $61 million.However, replica Rolex Datejust Turn-O-Graph 'Thunderbird' watc grieving that eBay executives did over that decision must have been short-livedwhen they found out in mid-July that they prevailed in a much-anticipated case brought by Tiffany & Co. before the U.S. District Court in the Southern District of New York on the same issue. That court held that eBay is not liable for trademark infringement. Why?

Although eBay knew about replica Rolex Datejust Turn-O-Graph 'Thunderbird' watc amounts of counterfeit products on its site, it did not know or have reason to know which specific listings or sellers were responsible for those counterfeits until Tiffany alerted them of the problem. As a result, replica Rolex Datejust Turn-O-Graph 'Thunderbird' watc promptly removed the listings.he Court Considers Steps Taken by eBayJudge Richard Sullivan seemed impressed by the steps eBay took and the resources it spent to address the counterfeiting problems it acknowledged it had on its site. Sullivan lauded eBay for implementing the following measures:

* Verified Rights Owner (VeRO) program, which allows rights owners to use a Notice of Claim of Infringement (NOCI) to inform eBay of infringing listings and request that the listings be taken down* Fraud engine, which eBay uses to Replica Rolex Day-date-ii president watch rrx0904049 its site for blatant infringement by searching for such terms as "counterfeit" or "pirated" in the listing (as the head of the antipiracy department for the Software & Information Industry Association, it would make my job much easier if pirates included these terms)