Some sparkles sometimes spark!

After mutual effort put into resolving the issue of counterfeit Tiffany products being sold on eBay, all discussion has ceased and an interesting lawsuit has emerged. The question is whether website owners are going to bear an onerous burden of policing their websites, one atom at a time. Under the principle of contributory trademark infringement, that might just be the case.

Contributory trademark infringement implies that if there is a platform which effectuates infringement, then the owner of such platform is liable. In the Gucci case, the United States Southern District Court of New York established that an ISP could not absolve itself of liability of its users who were indulging in trademark infringement.

Undue Burden?
Knowledge of infringement is not enough to hold one liable, however, willful part-taking is closer to home. Past measures of actual notice of infringement and take down have worked well, but Tiffany is reaching far and beyond this. Tiffany wants that eBay police sellers of counterfeit goods under a microscope in the virtual world.

Is if fair? Is it possible …well with advancing technology much is or soon could be possible; question would be how economical and strenuous would that be for website owners?

There are numerous efforts to curb sales of counterfeit products in the physical world and often times the pace of sale is greater than the policing. However, in the virtual world, time can be caught up with significantly, even if not beaten.Even if this case sets a precedent which does not fare well for website owners, I am positive that technology could change the length of time such legal reasoning shall survive.