e-commerce (eBay vs. Tiffany & Co.)
eBay vs. Tiffany & Co. 
eBay has won a case against Tiffany & Co. requiring manufacturers to monitor their items that are sold via their e-commerce site with more control. "This ruling appropriately established that protecting trademarks is the primary burden of rights owners -- not marketplaces like eBay," said Rob Chesnut, senior vice president and legal counsel at eBay, based in San Jose, Calif.
This is huge for the world of internet retailing, as it begins to set the standard for the nebulous laws governing the world wide web and online retailing. It holds the company who produce the goods to be accountable for counterfeit merchandise vs. online retailing outlets such as eBay. It will be interesting to see how this changes the legal landscape related to items such as trademark infringement, reputation, image, online retailers, and other challenges related to e-commerce.
Personally I feel that eBay and other online retailers need to -
- Improve their online security, work with vendors, government, and lawyers more to build a better infrastructure of security for consumers
- Be more decisive with questionable sellers with negative comments, disputes, and take action legally against them and support consumers better
- Require people to utilize a medium such as PayPal to solve disputes and limit buyer liability when mislead by a shady seller
From personal experience, the PayPal dispute team can withdraw funds from a sellers account and place it directly back into your account if you win a dispute. I highly recommend NOT purchasing via money order, check, or cash - always have 'electronic breadcrumbs' and keep meticulous records.
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