EFF along with Public Citizen and Public Knowledge are urging a U.S. court of appeals to reject jewelry-maker Tiffany's attempt to rewrite trademark law and create new barriers for online commerce and communication.
Tiffany sued the online marketplace eBay claiming that eBay should be held liable for trademark infringement when sellers offer counterfeit Tiffany goods on the eBay site. The evidence in the case showed that eBay quickly takes down listings when Tiffany sends notice that it believes a specific item is not genuine. However Tiffany wants eBay to police listings on its own and to be held responsible for any counterfeit items it missed.
A judge correctly rejected Tiffany's claims earlier this year. In an amicus brief filed with the 2nd U.S. Circuit Court of Appeals EFF asks the court to reject Tiffany's new attempts to expand trademark law.