Tiffany sued Ebay for roughly the same reasons.
But US District Judge Richard J Sullivan in New York said Ebay was not liable for trade mark infringement “based solely on their generalised knowledge that trade mark infringement might be occurring on their websites.”
Ebay’s VeRO (verified rights owners) program, allowing trade mark owners to request the removal of counterfeit listings, was enough. There was no obligation on Ebay to preemptively take down suspicious listings for Tiffany jewellery or to force sellers to post more product information to guarantee authenticity, like series numbers.
Tiffany will need to continue employing people to monitor Ebay listings. I wonder how much the cost of doing this adds to the Tiffany retail price?