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Copyright (c) 2015 Hastings Business Law Journal
Hastings Business Law Journal

STUDENT NOTE: A Look At TradeKey: Shifting Policing Burdens From Trademark Owners to Online Marketplaces

Summer, 2015

Hastings Business Law Journal

11 Hastings Bus. L.J. 341

Author

Ashley Bumatay*

Excerpt



I. INTRODUCTION
 
A woman reaches into her Chloe handbag and takes out a Montblanc pen to sign the check as she talks animatedly with her friend about whether to buy her father a Cartier or an A. Lange & Sohne watch for his birthday. This is a very different scene from a woman who grabs a pen from her purse while she talks about plans to buy her dad a watch. The mere addition of these luxury brand names morphs this scene from one portraying the ordinary to the extraordinary. These names carry with them sophistication, quality, affluence, and extravagance. Luxury brands, like these, are the fastest growing targets for counterfeits on the web. 1

The luxury brands noted above, along with Alfred Dunhill Limited and Officine Panerai (collectively, "Plaintiffs"), were the central parties in Chloe SAS v. Sawabeh Information Services Co. 2 Plaintiffs filed suit against Sawabeh Information Services Co. and TradeKey (collectively, "TradeKey") for facilitating the sale of counterfeit versions of their products. 3 This is the first case that has held an online marketplace liable for contributory counterfeiting 4 - a huge victory for the brand owners. 5 This is a notable departure from Tiffany v. eBay, in which the Second Circuit held that eBay's anti-counterfeiting policy and responsiveness to specific complaints released them from contributory counterfeiting liability. 6 TradeKey was still held liable despite its intellectual property rights policy and notice-and-takedown procedures. 7 Furthermore, the injunction shifted some of the trademark policing burdens from trademark ...
 
 
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