Recent Ruling Favorable to Internet Service Providers

In the Tiffany v. eBay trademark infringement case, the U.S. District Court for the Southern District of New York has ruled in favor of eBay.  Notably, the judge confirmed that eBay could not be held liable for trademark infringement based solely on its general knowledge that trademark infringement may be happening on its site.  Further, the Court determined that the burden of policing trademarks belongs with the trademark owner.  Eric Goldman’s Technology and Marketing Law Blog has an interesting overview of this entire case including a discussion of the decision’s influence on notice and takedown procedures, such as the copyright provisions under the Digital Millennium Copyright Act.  Overall, the decision appears to be good news not just for eBay but also for Internet Service Providers in general.