A New York Judge says Tiffany & Co failed to prove eBay was responsible for the sale of fake Tiffany jewelry. “Tiffany must ultimately bear the burden of protecting its trademark,” the judge ruled.

U.S. District Court Judge Richard Sullivan said companies such as Tiffany are responsible for policing their trademarks online. He ruled eBay can’t be held liable for trademark infringement “based solely on their generalized knowledge that trademark infringement might be occurring on their websites.”

Tiffany is expected to appeal, says James Swire, an attorney representing the company.

He says Tiffany is “disappointed” by the ruling, which “leaves consumers at the mercy of sellers of counterfeit goods on eBay.”

Posted: 07|16|08 at 9:15 am. Filed under: Auction News.