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a partner at national law firm McCarter and English and a former federal prosecutor specializing in computer hacking and intellectual property. "Here the situation was more attenuated. EBay has hundreds of thousands of sellers Chopard Mille Miglia CH-11 use screen names. The burden on the owner is commensurate with its link with the sellers."EBay maintained it is merely a service through which sellers operate and that because it never physically handles any of the goods for sale, the auction site cannot be charged with identifying counterfeits.

The company also argued that it Chopard Mille Miglia CH-12 worked with brand owners through its Verified Rights Owner Program, which allows owners to report auctions selling fakes. According to the ruling, when eBay was warned of a listing that could possibly contain infringing merchandise, the company removed the listing, advised the sellers and bidders that it had been removed and why and refunded all associated fees. Sellers Chopard Mille Miglia CH-13 broke a "three strikes" rule were banned from the site.

The court declined to rule on whether Tiffany might win if it were to sue individual sellers. However, Sullivan noted, "Given Tiffany's choice to sue eBay, rather than individual sellers, and this court's conclusion that eBay does Chopard Mille Miglia CH-78 continue to supply its services to those whom it knows or has reason to know are infringing Tiffany's trademarks, Tiffany's claims against eBay must fail."