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(e) Online Marketplace Websites

D. Expansion of Inwood Standard to “Non-Product” Cases: The “Direct Control and Monitoring” Test: 2. Internet Activity: (e) Online Marketplace Websites

The online marketplace eBay successfully defended against a claim for contributory liability in Tiffany v. eBay, 576 F.Supp.2d 463, 507 (S.D.N.Y 2008), affirmed in part and remanded in part, 600 F.3d 93 (2d Cir. 2010). In that case, the court held that the plaintiff trademark holders should bear the burden of policing their own trademarks [...]