High court refuses to hear Tiffany tiff with eBay

FILE - In this file photo taken Aug. 26, 2010, the iconic Tiffany and Co. sign standout on its 5th Avenue store in New York. Tiffany & Co. said Wednesday, Nov. 24, 2010, strong sales of its jewelry both in the U.S. and overseas helped third-quarter net income rise 27 percent.(AP Photo/Bebeto Matthews, file) Credit: AP Photo/BEBETO MATTHEWS
WASHINGTON - The Supreme Court refused Monday to hear an appeal from Tiffany Inc. make and purveyor of luxe items, leaving a lower-court ruling that says eBay isn't violating Tiffany's trademarks by selling items on its website that might be counterfeit.
Tiffany sued eBay in 2004, saying eBay engaged in trademark infringement and dilution because most items that sellers list for sale as genuine Tiffany silver jewelry on its sites were fakes.
But the lower courts said eBay took down listings when Tiffany informed the company that the materials were counterfeit. The judges said eBay cannot be held responsible for counterfeits being sold on its site if the website doesn't know the items are fake.
Tiffany wanted the Supreme Court to reconsider that ruling.
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