badbadmonkey - 2:47 am on Dec 1, 2010 (gmt 0)
So it is reasonable for Ebay to stop each offense but it is unreasonable for Tiffany to do the same?
Yes. It's not ironic at all. It is eBay's choice to engage in and, by throwing up their hands and declaring "it's too hard your Honor", permit the trade of counterfeit goods. They have a clear choice - if they cannot "go after" the offenders and keep their own house clean, they could simply quit the trade in the problem goods all together. But they do not, of course. Even it were feasible, why should Tiffany's have to? It is eBay's site, they are the ones with the capability to implement back-end solutions. Is every stake holder in the world expected to invest countless hours of time monitoring eBay for counterfeit products?
Tiffany's on the other hand does not have the choice to take the easy route and quit the trade completely... and it seems is simply expected to take blatant IP infringement on the chin, while eBay hides behind the equivalent of safe harbor and laughs at them, all the while collecting illicitly garnered proceeds.
eBay is responsible for what happens on their site and should be accountable.