http://trademarkblog.disqus.com/enMon, 14 Jul 2008 14:52:55 -0000http://www.schwimmerlegal.com/2008/07/breaking-ebay-prevails-over-tiffany-in-sdny-text-of-decision.html#comment-889356<p>As usual, the French and the Americans are so opposed to one another they almost seem to be siblings that refuse to agree the other has a point. The French protect brands to a point that may be a bit far out there in one direction (arguing that legitimate goods can't be sold on eBay by unauthorized retailers) and the Americans protect the platform to a point that is a bit far out there in the other direction (arguing that one should not be obliged to use certain factors to take down items because some legitimate product may be caught in the mix). There is even a bit of a dig against the French decisions on the Google AdWords case with LVMH. Not mentioning it by name, of course.</p><p>What it comes down to is that both are right to some extent - they just need a parent to come in and tell them to stop bickering and get along - meet in the middle. Until then, I hear the drum beating to once again dig in to some Freedom Fries.</p>AnonMon, 14 Jul 2008 14:52:55 -0000