Wednesday, July 16, 2008

 

Interesting stuff from Judge Sullivan...


I was flipping through the NY Times yesterday, and saw that my college and law school buddy, Rich Sullivan (now "The Hon. Richard J. Sullivan") ruled in a groundbreaking trademark case. Essentially, the the jeweller Tiffany's was trying to get eBay to enforce trademark law on its behalf, and Judge Sullivan held that eBay does not have that responsibility. What do you make of that, IPLawGuy?

Being the judge ruling in a landmark case is a better way to make a front page of the Times than the way another of my classmates and friends ended up there recently. As for Mike, I like and respect him, and believe him when he says it was just sloppiness that resulted in this problem.

It's very odd seeing such familiar people crop up in the news with such regularity-- for Baylor people, it would be like reading about the latest ruling from Judge Chicago, or seeing Swanburg analyzed in detail in the national press. Which, actually, will probably happen someday.

Comments:
I know there is a lot of fake Tiffany stuff on ebay... I have seen it.. but then why should Tiffany be the only one? There is lots of fake EVERYTHING on ebay!!!!

But then, I am no Iplawguy.
 
Judge Sullivan nailed it as far as I am concerned. Tiffany argued that eBay had a duty to inspect and certify every item made available on its site. That would just about kill the business, and put a duty on all kinds of other sellers, from rummage stores to yard sale operators. So long as eBay itself wasn't making misleading statements, buyer beware seems fair to me.
 
Professor Osler,

Will you make a post regarding your advice to BLS students preparing for the bar exam?
 
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