The decision reaffirmed eBay’s argument that trademark holders such as Tiffany & Co., which sued four years ago, are responsible for policing the online marketplace for fake products, not eBay.
New York District Judge Richard Sullivan said eBay’s isn’t liable simply because it is generally aware that counterfeit goods are being sold on its Web site.
— From a case that was about jewelry, not perfume, but that is still of interest to anyone who has been watching the LVMH vs. eBay case in France (see part 1, part 2, part 3). Tiffany plans to appeal the US decision; read more at EBay wins counterfeit suit brought by Tiffany at the San Francisco Chronicle.
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Well, this could be good for EBay fragrance sales?
Unless they win the appeal, it's very good news — unless I'm mistaken (and obviously I'm not a lawyer), it means brands will not be able to forbid sales of their products as they've recently done in France.