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Infringement Theories in the Online Marketplace

Robert J. Kenney for World Intellectual Property Review

The April 1, 2010 decision in Tiffany, Inc. v. eBay, Inc. from the US Court of Appeals for the Second Circuit, addresses several trademark infringement theories in the context of online sales of counterfeit goods. Significantly, while European courts have previously addressed the issue, the Tiffany decision is the first US appeals ruling to consider the application of the law of contributory infringement to an online marketplace.

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