ALI-ABA Audio Seminar
Tiffany v. eBay: Roadmap for Avoiding Liability
or Short Detour for Trademark Owners?
August 6, 2008
Telephone Seminar/Audio Webcast
TABLE OF CONTENTS
Page
PROGRAM SCHEDULE
ix
FACULTY PARTICIPANTS
xi
FACULTY BIOGRAPHIES
xiii
STUDY MATERIALS
1.
Tiffany (NJ) Inc. and Tiffany & Company v. eBay, Inc., (S.D.N.Y. July 14,
2008)
1
2. Section 230 of the Telecommunications Act of 1996, 47 U.S.C. § 230
69
3. Section 512 of the Digital Millennium Copyright Act, 17 U.S.C. § 512
73
4.
Tiffany v. eBay: The Right to Nominative Fair Use and the Avoidance of
Secondary Liability
By Roberta Jacobs-Meadway
83
5.
English Translation of Vuitton-eBay Decision (Commercial Court of Paris;
June 30, 2008)
87
ALI-ABA Audio Seminar
Tiffany vs. eBay:
Roadmap for Avoiding Liability or
Short Detour for Trademark Owners?
Wednesday, August 6, 2008
Telephone Seminar/Audio Webcast
PROGRAM
(All Times Eastern Daylight)
1:00 pm Discussion of Tiffany vs. eBay
Roberta Jacobs-Meadway (Program Chair & Moderator),
Jane Shay Wald and Jeffery A. Handelman
1:50 pm Panel Discussion of Audience Questions 2:00 pm Adjournment
ALI-ABA Audio Seminar
Tiffany vs. eBay:
Roadmap for Avoiding Liability or
Short Detour for Trademark Owners?
Wednesday, August 6, 2008
Telephone Seminar/Audio Webcast
PLANNING CHAIR
Roberta Jacobs-Meadway, Esquire
Member, Litigation Division Eckert Seamans Cherin & Mellott, LLC
Two Liberty Place, 22nd Floor 50 South 16th Street Philadelphia, PA 19102
FACULTY Jane Shay Wald, Esquire
Partner, Irell & Manella LLP Suite 900
1800 Avenue of the Stars Los Angeles, CA 90067-4276
Jeffery A. Handelman, Esquire
Brinks Hofer Gilson & Lione NBC Tower, Suite 3600
455 North Cityfront Plaza Drive Chicago, IL 60611-5599
FACULTY BIOGRAPHIES Planning Chair
Roberta Jacobs-Meadway, Philadelphia, Pennsylvania
Member, Litigation Division
Eckert Seamans Cherin & Mellott, LLC
Ms. Jacobs-Meadway focuses her practice on trademarks, trade dress, and unfair competition issues, as well as litigation in the federal courts and before the Trademark Trial and Appeal Board, where she has served as mediator in numerous trademark and copyright disputes. Referred to as “the preeminent trademark attorney in
Pennsylvania,” she has been honored by Law & Politics Magazine and Philadelphia Magazine as among “The Top 50 Women Pennsylvania Super Lawyers” and was a “Pennsylvania Super Lawyer” in the area of IP law in 2007. She has been listed in Chambers USA: America’s Leading Lawyers for Business as “Leaders in Their Field” in the area of
intellectual property law, writing and lecturing extensively on the subject. Ms. Jacobs-Meadway has contributed chapters on surveys and on damages in copyright cases to Matthew Bender’s treatise Intellectual Property Counseling and Litigation, and is a contributing author to the World Copyright Law Report. She has co-chaired ALI-ABA’s annual programs on Intellectual Property Licensing and Litigating Trademark, Internet, and Unfair Competition Cases for several years. She has also co-chaired ALI-ABA’s Cross-Border Business Transactions: Intellectual Property and Related Issues. A regular contributor to the Commercial Damages Reporter, Ms. Jacobs-Meadway is a member of the American Law Institute, the International Trademark Association and the ABA’s Federal Legislation Committee.
Faculty
Jane Shay Wald, Los Angeles, CA
Partner, Irell & Manella LLP
Jane Shay Wald is a partner of Partner, Irell & Manella LLP, and chair of the firm’s trademark practice group. Focusing her IP practice on trademark, unfair competition, false advertising and copyright, she counsels clients on acquiring and maintaining U.S. and foreign rights and on potential and pending infringement problems. Ms. Wald prosecutes trademark applications in the USPTO and litigates before the Trademark Trial and Appeal Board and federal courts. In both 2007 and 2008, she was included in The Best Lawyers in America in the area of intellectual property law. She was named to the Southern California "Super Lawyers" list for intellectual property in 2008, 2007, 2006 and 2005, and was selected as one of the "Top 50 Female Lawyers" in Southern California by Los Angeles Magazine in 2006 and 2005. The Los Angeles and San Francisco Daily Journal named Ms. Wald one of California’s "Top 30 Intellectual Property Lawyers" in
advertising, copyright, trade secret, and Internet-related matters, and litigates before federal courts and the USPTO Trademark Trial and Appeal Board. He is a member of the Trial Bar of the U.S. District Court for the Northern District of Illinois and the Mediation Panel of the U.S. District Court for the Northern District of Illinois. Mr. Handelman is the author of Guide to TTAB Practice, a looseleaf service that was a co-winner of the 2008 Burton Award for Legal Achievement in the category of Best Law Firm
Compendium. In addition to his litigation practice, Mr. Handelman has developed trademark-filing and trademark-prosecution strategies for multinational companies, and has conducted trademark audits, prepared trademark compliance manuals, and assisted clients in managing domestic and international trademark portfolios. He is a frequently-invited speaker on IP topics for several organizations, including ALI-ABA.
