eBay Won Diffany in the Prosecution of Trademark Infringement Case

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On July 15, according to foreign media reports, eBay won Diffany in the case of trademark infringement and achieved a major victory for justice in the long prosecution.

Manhattan federal district court Monday that the obligation to protect trademarks online jewellers Diffany shall be vested in a company itself, rather than eBay and other auction platform. Diffany after the prosecution said, eBay website to sell counterfeit jewelry.

The court Judge Richard Sullivan (Richard J. Sullivan) ruling, eBay do not have to "only be based on trademark infringement on the site of generalized knowledge" and responsible for trademark infringement case. This decision once again confirmed that Internet companies do not have to take the initiative to patent or trademark Web filtering products to take measures, but on intellectual property rights owners monitoring sites, as long as retailers in the patent owner complaints-related products to today.

This ruling marks the eBay recently, "the court Yun" substantially improved. A week ago, a French court ordered eBay to the French luxury goods maker LVMH paid 60 million U.S. dollars; April, a German appeals court decision, eBay must take measures to prevent the sale of counterfeit Rolex watches.

Diffany on eBay's trademark infringement case the prosecution is initiated in 2004, so far has continued for four years. The investigation found that through the sale of the majority of eBay Diffany products are fakes. Diffany lawyers said, eBay directly profit from the trademark infringement; eBay lawyers said that as YouTube or MySpace, the company's only obligation in the patent owner complaints will be under-related products.

Sullivan issued this morning in the award said: "Diffany failed to prove that eBay consciously encourage others to weaken its trademark."