Managing Intellectual Property

How to protect your trade marks online

07 December 2009

Fionn O'Raghallaigh, London

Practitioners and in-house counsel last week offered practical solutions to protecting brands online

The three panellists were taking part in Managing IP's latest web seminar, which was sponsored by Fitzpatrick Cella.

Edward Vassallo of Fitzpatrick discussed the case law governing eBay's liability for policing counterfeits on its website. He focused on the Tiffany v eBay case that saw the US District Court for the Southern District of New York rule in favour of the auction site.

Vassallo explained how Tiffany failed to prove that eBay had requisite reason or knowledge of a specific item being sold, rather than a generalised knowledge of counterfeit goods being sold. The case used the test...



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