Copyright & Trademark Internet Law Update:
Click the link for more information on the Digital Millennium Copyright Act (DMCA) of 1998.
EBay's VERO (Verified Rights Owner) program, in place since 1998, allows rights owners to contact eBay and have items removed from auction listings. "We can't be the experts on what's fake or not," Sharpe said in March. "We're not the experts on counterfeits."
Trademark and copyright law does not require eBay to preemptively remove listings of Tiffany jewelry suspected of being fake. In effect, this case is in line with other courts considering the issue of whether service providers need to be gatekeepers on trademark and copyright issues. In considering this internet law issue, the judge noted:
The Digital Millennium Copyright Act (DMCA) of 1998 and other copyright law sets out strong standards for secondary copyright infringement, Kupferschmid said. U.S. copyright law allows lawsuits for vicarious infringement, when the defendant has the ability to stop infringing activity and has a direct financial interest in the infringement.
Earlier this month, in a similar lawsuit against eBay, a judge for the U.S. District Court for the Southern District of New York ruled that eBay has taken sufficient steps to protect against sales of fake Tiffany jewelry items.
EBay pulled Tiffany items suspected of being counterfeit as soon as they were reported to the auction site, Judge Richard Sullivan said in his ruling.
Contact an Internet lawyer today at Traverse Legal, PLC by calling international toll free (866) 936-7447. We can help you with your trademark, copyright or content issue. Our attorneys specialize in the web.