November 19, 2008
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Tiffany (NJ) Inc. v. eBay Inc.: Guidelines for Online Retailers to Police Third Party Sales of Counterfeit Goods by Charles R. Macedo Amster, Rothstein & Ebenstein, LLP Co-authored by Holly Pekowsky and Anthony F. Lo Cicero In the landmark case, Tiffany (NJ) Inc. v. eBay, Inc., No. 04 CIV 4607, Slip Op. (S.D.N.Y. July 14, 2008) (Sullivan, D.J.), the U.S. District Court for the Southern District of New York issued a 66-page opinion denying the claims of the famous jeweler, Tiffany, against the on-line auctioneer eBay. The prolonged battle between Tiffany and eBay centers on what actions each of the parties were obligated to take to prevent eBay users from selling counterfeit Tiffany items on eBay, and how, if at all, eBay may use the famous Tiffany mark in advertising the resale of Tiffany items on the eBay website. (Complete Article)   NLRB: No Statutory Right to Use Email for Union Activities by Steven M. Gutierrez Holland & Hart In an extremely management-friendly decision handed down in December, the National Labor Relations Board (NLRB) has held that employees have no statutory right to use an employer’s email system for union-related communications. (Complete Article) Featured Author   Robert L. Wise Mr. Wise is a partner in the Richmond office of Bowman & Brooke LLP.   View Profile | View Articles More Artices California Adopts Sophisticated User Defense in Products Liability Actions by Jeffrey Bleich,  Munger Tolles & Olson   Disclaimer of Laptop Computers During Patent Prosecution Results in Summary Judgment of Non-Infringement by Joyce Craig,  Finnegan Henderson Farabow Garrett & Dunner LLP   Texas Supreme Court Enforces Forum-Selection Clause June 21-Texas The parties in this medical equipment leasing deal agreed that the courts of Pennsylvania would have exclusive jurisdiction over any disputes between them. Nevertheless, when problems arose, the plaintiff sued in Hidalgo County, Texas. The trial court denied a motion to dismiss based on the forum-selection clause and the court of appeals refused mandamus relief. Without hearing oral argument, the Texas Supreme court granted the relief and ordered the case to be dismissed. (Complete Article)   (All Articles) (All Case Notes) Read articles by:   Brett T. Reynolds      Jeffrey Bleich      Robert L. Wise      Mark Garbowski      James M. Beck        Disclaimer | Login | About | Submissions | Contact CLJ © 2007-8 by Ivex Network, Inc. All rights reserved. Common Law Journal is a registered trade name of iVex Network, Inc. .