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)
* About Me pages, which let rights owners inform eBay users about their products, including ways to identify potentially infringing productsThe judge also commended eBay for taking steps to address the availability of replica Rolex Datejust Turn-O-Graph 'Thunderbird' watc counterfeit jewelry on its site, including the following instances:* When a seller attempted to sell a Tiffany item, eBay used special warning messages instructing the seller to make sure that the item was authentic, informing the seller of eBay's anticounterfeiting policies, and providing a link to the Tiffany About Me page.
* eBay delayed the ability of buyers to replica Rolex Datejust Turn-O-Graph 'Thunderbird' watc listings that used the Tiffany name for 6 to 12 hours so that eBay's Customer Service Representatives (CSR) could first review them.* eBay prohibited 1- and 3-day auctions of Tiffany items.* eBay prohibited cross-border trading of Tiffany items so that only sellers located within the U.S. could sell Tiffany items on eBay's U.S. site.But the judge was replica Rolex Datejust Turn-O-Graph 'Thunderbird' watc impressed with the VeRO program, highlighting the fact that "[sjeventy to 80 percent of the reported listings were removed within 12 hours" and reiterating several times how promptly and effectively eBay removes infringing listings after it is notified by the rights owner.
The judge also concluded that "eBay took appropriate steps to warn and then suspend sellers when eBay learned of potential trademark infringement under that seller's account." He also agreed with eBay's decision not to "Replica rolex day date ii president watch rrx0904055 or permanently suspend a seller after the filing of a first, or even a second, NOCI" under the VeRO program. He saw that "although a NOCI represents a good-faith belief that a listing was infringing, a NOCI did not constitute a definitive finding that the listed item was counterfeit." As support, he noted that occasionally listings were reinstated that Tiffany requested be taken down.
Despite an overall lack of sophistication with regard to brand appreciation among the nouveau riche, second- tier China cities are also developing into luxury shopping hubs, with an emerging middle class eager to purchase Chopard Mille Miglia Two O Ten CH-69 brands. But there are indications that China and other emerging markets are not immune to the global economic slump.Bulgari chief executive Francesco Trapani recently said the brand was likely to approve only 10 per cent of new store projects in emerging markets. Emerging markets account for around 15 per cent of global sales within the luxury goods sector. Besides Bulgari, Tiffany's rivals include Cartier, Montblanc, De Beers and Forevermark.
It's a one-of-a-kind shopping experience, ChronoSwiss Classique Skeleton CS-24 its New York flair to its fine china and silver wares, to its trademark Tiffany blue box tied with a white satin ribbon. Tiffany also has enough jewelry at entry-level price points in silver and gold that is reachable for the majority of Pittsburgh consumers, from some things in the low hundreds to hundreds of thousands of dollars.Oct. 10--Tiffany's is more than a jewelry store.It's ChronoSwiss Opus Skeleton CS-12 one-of-a-kind shopping experience, from its New York flair to its fine china and silver wares, to its trademark Tiffany blue box tied with a white satin ribbon.
Tiffany & Co. unveils its newest store today at Ross Park Mall, as a feature attraction to a lineup of new upscale stores that include Nordstrom, Burberry, Kate Spade and Louis Vuitton, among others. The 5,700-square-foot space marks the ChronoSwiss Opus Skeleton CS-13 company's 134th store."Tiffany's adds a tremendous amount to both the mall and the region in that it will pull shoppers in from the greater Pittsburgh area and beyond," says Burt P. Flickinger III, managing director of Strategic Resource Group in New York. "When you talk Tiffany's, it is known as one of the marquee names in retail."
Instead of taking that trip to New York or purchasing items online, consumers will visit in person, Flickinger says. Having people physically in the location most likely will create traffic for surrounding stores, he says.Tiffany's is the kind of place that represents Pittsburgh's revitalization, Flickinger says. Having such a store will attract visitors to our region for more than professional sports ChronoSwiss Opus Skeleton CS-3 and business meetings, he says. They will come for the shopping, too."Just seeing the tiny blue box with the ribbon excites shoppers," he says. "Tiffany also has enough jewelry at entry-level price points in silver and gold that is reachable for the majority of Pittsburgh consumers,
from some things in the low hundreds to hundreds of thousands of dollars."Lisa Earl, Ross Park Mall manager, spent the past year preparing for many store openings, from Tiffany's this week to Michael Kors last week, to ChronoSwiss Opus Skeleton CS-5 later this month."We couldn't be more excited -- the management office, the other stores, the customers, everyone," she says. "Tiffany's is a beautiful store. It has that luxury look. It doesn't feel like a retail store. Tiffany's, along with all the other stores -- such as Nordstrom, Michael Kors and Burberry -- will give our customers one location to find everything. The face of ChronoSwiss Opus Skeleton Midsize CS-11 is forever changed."
Ross Park Mall was chosen because of its location and accessibility to many areas of the city, says Tracy Weigand, director of Tiffany & Co. Pittsburgh."I am thrilled and can't wait for the store to open," Weigand says. "This store is one ChronoSwiss Regulateur Dual Time CS-16 the best-looking stores I have ever seen. We want people to feel welcome when they come here and want to feel connected with the community of Pittsburgh."There is that special moment when the store is officially opened, and when you add the spectacular jewelry on top of it, it is a totally great experience. And we can't wait for the people of Pittsburgh to be a part of that experience."
Tiffany time line1837: On Sept. 18, Charles Lewis Tiffany and John B. Young establish Tiffany & Young, a stationery and fancy goods emporium, at 259 Broadway in New York City. Every article is marked with a non-ChronoSwiss Regulateur Dual Time CS-18 selling price, a revolutionary policy that makes headlines across the country. The first day's sales total $4.98.1848: Tiffany & Co. acquires jewels from French aristocrats fleeing political turmoil. The jewels, which mark the first appearance of major gemstones in the United States, establish Tiffany as America's leading jeweler.
1851: Tiffany purchases the ChronoSwiss Regulateur Dual Time CS-21 of prominent New York silversmith John C. Moore, marking the beginning of the company's design and silver manufacturing heritage. Tiffany becomes the first American company to use the 925/1000 sterling standard, later adopted as the U.S. Sterling Standard.1853: Charles Tiffany assumes complete control of the company, which is renamed "Tiffany & Co." A clock supported by the ChronoSwiss Regulateur Moonphase CS-17 figure of Atlas is installed over the store's main entrance.1862: Throughout the Civil War, Tiffany supplies entire regiments with swords, flags and surgical implements.
1867: At the Paris World's Fair, Tiffany & Co. becomes the first American firm to win an award for the excellence of its silverware.1871: Tiffany introduces Audubon, which would become the company's best-ChronoSwiss Regulateur Moonphase CS-19 sterling-silver flatware pattern.1878: Charles Tiffany purchases the Tiffany Diamond for $18,000. One of the world's largest and finest fancy yellow diamonds, the 287.42-carat stone is cut to 128.54 carats.1885: Tiffany & Co. revises the Great Seal of the United States, still in use on the U.S. one-dollar bill.1886: The company introduces the Tiffany setting, which still is one of the most popular engagement ring styles in the world.
Pedersen was also impressed with how Dettori decreased the subsidy."Because of the downsizing of the population at Tiffany & Co., we have seen an effect on our dining sendees, causing a reduction in customer counts," Pedersen says. "ChronoSwiss Regulateur Moonphase CS-20 redesigning our menus, combo deals being offered, cross-training our team members and watching overall costs, John greatly helped in the reduction in subsidy."Serving satisfies: Dettori says customer service comes naturally to him because of his many jobs in the service industry. He looks at mentoring as just another way he can provide service to a different customer: his staff.
"I just show the less experienced staff proper cooking techniques such as proper knife skills," Dettori says. "It's nothing formal. I hire people that I know have ability and then I'll push them as far as I can. ChronoSwiss Regulateur Moonphase CS-22 here was trained before I got here, but I have taught chefs how to do some manager's skills as well, which is not always so easy with someone from the kitchen. I really enjoy that. I think these days people are afraid to ChronoSwiss Time Master CS-15 colleagues skills for fear of them taking their jobs. IfI teach my staff then they will have the knowledge and the capability to move up."
This love of mentoring plays into Dettori's management philosophy."My management philosophy is to let people do their jobs," Dettori says. '*I hire them to do a job and I let them do it. I can guide them and show them what I ChronoSwiss TimeMaster 24H CS-23 is most important, which is customer service and really good food, but if they're not on board with that, they aren't going to be as successful. I'm veiy fortunate that in all three locations I'm working with people who have been with the company for a long time; they have that Lackmann philosophy of outstanding customer service."