"We are shocked and deeply disappointed in Discount Cartier district court's erroneous reading of the law," said Mark Aaron, vice president of investor relations at Tiffany.The luxury jeweler still feels that eBay unfairly profits at its expense, as well as the public's, and that the ruling allows the sellers of fraudulent goods to victimize consumers."We Discount Chopard to believe that eBay is legally responsible for the trademark infringement of those selling counterfeit Tiffany jewelry.
"The ruling confirms that eBay acted reasonably and has adequate procedures in place to effectively address counterfeiting," the company said. "The Discount ChronoSwiss appropriately establishes that protecting brands and trademarks is the primary burden of rights owners. While today's decision is a victory for consumer choice, it is a shame that so much effort has been wasted when Tiffany could have worked with eBay to more effectively fight counterfeits.
Diane von Furstenberg, who has made the problem of counterfeits and the protection of original designs a key issue as president of the Council of Discount Concord Designers of America, said: "Fakes are damaging not only to brand owners but also to the consumers who unknowingly buy them. Stopping the sale of fakes online is a constant battle for sought-after brands. It's unfortunate that the court did not go further in recognizing that online auction sites have an obligation to prevent the sale of fakes on their sites."
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