October 21, 2010

Venable team files amicus brief in Supreme Court in eBay counterfeiting case

1 min

Venable filed an amicus curiae brief on October 20 in the United States Supreme Court on behalf of client Coty Inc., in support of Tiffany and Co.'s petition for certiorari in the landmark case, Tiffany v eBay. The case involves the scope of eBay's responsibility to prevent the sale of counterfeits under the common-law doctrine of contributory trademark infringement.

eBay declined to respond to the petition, but was ordered by the Supreme Court to file a response, which indicates that the Court has a strong interest in the case. Janet Satterthwaite, John Cooney and Meaghan Kent wrote the brief. Associate Dave Conway and paralegal Sarah Hendon also assisted the team.

The same team prepared a brief in support of Tiffany and Co. in the Second Circuit Court of Appeal in 2008 and was invited to file a Supreme Court brief on the strength of the prior work product. Coty Inc. is the world's largest manufacturer of perfume and, like Tiffany, is plagued by the explosion of counterfeiting which is facilitated by online marketplaces.