Counterfeit Tiffany Ring on eBay?
March 22, 2009 by Andrew P. Lahser, Scottsdale Trademark Attorney
I just listed a Tiffany ring on eBay. I originally received the gift as a Christmas present. Tiffany's lawyers say the ring is fake. The sent me a letter demanding $450, a letter from my lawyer and the ring. I am not sure if this is a fake Tiffany ring. I thought it was a real ring.
First, you are going to need to know whether or not this is a real Tiffany & Co. ring. It is possible that you may not be able to figure this out on your own. You may need an appraiser or another expert's help if you don't have the original sales paperwork.
Second, you should know that many companies with strong brands now "police" ebay to ensure that their goods are not being "faked" or counterfeited. These companies hire lawyers to create automated computer systems to search ebay to find goods that might be infringing on their client's trademarks or counterfeiting their client's goods. This may be what is happening to you. Remember the lawyers that sent you your letter may have very little information. These lawyers may seek to broadly enforce their client's right, even with minimal information. In other words, you may get a letter like this, even when you have the real thing. Counterfeiting is a real problem on ebay. If you bought counterfeit goods there, you would not be happy, and companies are responsible for making sure others do not use their trademarks for counterfeiting.
What you will do will depend on many other factors. Where did the ring come from? Do you have your original purchase paperwork? Has ebay de-listed the item? How did you list the item on ebay? Does the ring actually resemble a Tiffany ring? There is no single correct way to respond to a letter like the one you received. Your response depends on what you have done and what you know.
If Tiffany & Co.'s lawyers sent you this demand letter and the ring is authentic, that would be exceptionally bad form. They should be very, very, very embarrassed for threatening their own customer with legal action.
You may wish to consult with your attorney to help you decide what actions to take next.
Other articles that may be helpful:
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- Am I violating a patent when the patent is written so vaguely that the patent covers a wide range of products?, March 27, 2009: I found their patent and read it. I’m not a lawyer and have never read a patent before. What I found was a very vague description of what the product does....
- Is MLBXX (confusingly) similiar to MLB?, March 30, 2009: Major League Baseball uses the initials “MLB” as their trademark. Can I register a trademark using MLBXX (Each “X” represents a different letter) like MLBQA if my service is also baseball related?...
