StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Liability of eBay for Infringing Sales - Assignment Example

Cite this document
Summary
The assignment "Liability of eBay for Infringing Sales" focuses on the critical analysis of the liability of eBay for infringing sales. While e-commerce has contributed to the immense increase in trade globally, it has also come with its challenges which have minimized its rapid growth…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER96.8% of users find it useful
Liability of eBay for Infringing Sales
Read Text Preview

Extract of sample "Liability of eBay for Infringing Sales"

While it was true that the infringement of the trademark was taking place on eBay's website, the court did not hold eBay liable for the infringement. The judge decided the case for several reasons as discussed below.

One of the major reasons why the online auction house was not held liable was because the claim made by Tiffany, under Inwood, lacked sufficient evidence to suggest that eBay was aware of the infringement of the trademark made by some users on its website (Inwood Laboratories, Inc. v. Ives Laboratories, 1982). The eBay website is used by millions of sellers and it is not possible to identify which of the users were breaking the rule if the users did not include such words as “pirated” or “counterfeit” in their listing.

Another reason was that the court did not find eBay to be ‘willfully blind’ to the evidence found on its website (Tiffany (NJ) Inc. v. eBay Inc., 2010). Whenever eBay was informed via notice of claim of infringement (NOCI) of the suspected cases of counterfeit sales on its website, they took appropriate actions i.e. they deleted the suspected listings using the Verified Rights Owner (VeRO) program and also suspended the sellers involved. They also refunded all the money related to those particular transactions, a measure that impressed the judge. eBay also included special warnings that notify the sellers to ensure that the products they are selling are genuine and also reminded them of eBay counterfeiting policies.  In addition, eBay provided a link to the Tiffany “About Me” page. Basing his judgment on the points weighted above, the judge of the U.S. district court concluded that eBay had taken great measures to combat counterfeiting and therefore cannot be held liable for the infringement of the trademark (Tiffany (NJ) Inc. v. eBay Inc., 2010).

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Inwood Assignment Example | Topics and Well Written Essays - 250 words”, n.d.)
Retrieved from https://studentshare.org/information-technology/1661761-inwood
(Inwood Assignment Example | Topics and Well Written Essays - 250 Words)
https://studentshare.org/information-technology/1661761-inwood.
“Inwood Assignment Example | Topics and Well Written Essays - 250 Words”, n.d. https://studentshare.org/information-technology/1661761-inwood.
  • Cited: 0 times

CHECK THESE SAMPLES OF Liability of eBay for Infringing Sales

Evaluation Of Effectiveness Of Combating Music Piracy

Online piracy has become the biggest threat to the music industry as it has resulted in decline in music sales.... Reduced music sales impact not just the industry but the country economy as well.... Staggered sales 9 Chart 4.... Music is creatively assembled by individuals or a group of individuals for the sole purpose of invoking rhythm....
27 Pages (6750 words) Thesis

Counterfeiting and Pricing in China and UK

“Counterfeiting requires advanced and costly production equipment is seen as limiting the number of parties that would engage in infringing activities.... The increase of counterfeit products has become worldwide in recent years and wide range of products subject to violation has increased in significantly....
14 Pages (3500 words) Dissertation

Implementation of Online Contract Regulations in Turkey

The paper "Implementation of Online Contract Regulations in Turkey" shows that when Terms & Conditions are fully incorporated into an Online Contract are clear certain in the UK and EU.... In order for e-commerce to really flourish in Turkey, similar rules need to be adopted there.... ... ... ... In this era of e-commerce and the internet, the online contract has become very common....
58 Pages (14500 words) Dissertation

The Philosophical Premises Behind Property Rights

"The Philosophical Premises Behind Property Rights" paper discusses whether the following trademark owned by Georgio currently registered as a Class 15 trademark for the past decade can be protected from infringement and advertised in a particular way.... .... ... ... Take the other side of the story....
19 Pages (4750 words) Case Study

Canterbury Crafts Connection Company

In the paper 'Canterbury Crafts Connection Company' the author discusses the letter that raised legal issues for CCC and came from a company in London called Canterbury Crafts Connection Company, which has a registered United Kingdom trademark for CanCraftsConnexCo.... ... ... ... The author states that legal issues insisted that CCC should immediately cease and desist from using the domain name www....
35 Pages (8750 words) Assignment

Legality of downloading mp3

It will analyze the concept of legality of downloading mp3 in Canada and in the whole world by bringing examples of important law cases and development of the Canadian copyright law.... The paper will dwell on the legal protection provided both by Canada and the international legal.... ... ... Related cases to the music downloads and file sharing shall be described and analyzed by the author. ...
35 Pages (8750 words) Research Paper

What Cyber Law Might Teach

The paper 'What Cyber Law Might Teach' discusses cyberspace architecture, which is relatively plastic, and the law can be applied to require changes or modification of the software, codes or minimum standards.... One example is the Telecommunications Act of 1997.... ... ... ... The author states that Cyberspace has been defined as 'the total interconnectedness of human beings through computers and telecommunication without regard to Physical geography....
8 Pages (2000 words) Assignment

Snyder's Three Components of Avertising Ethics

The paper 'Snyder's Three Components of Avertising Ethics' argues against Snyder's assertions and claims that as a protector of what is right in the society, the government does indeed have authority in the taste and decency component of advertising.... ... ... ... This essay begins by defining what taste and decency really is....
10 Pages (2500 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us