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Assignment:
TIFFANY, INC. V. EBAY, INC.
1. Why wasn't eBay held liable for the infringing sales made by users? (HINT: Describe how the elements of the Inwood test apply to eBay's actions).
2. As an online service provider, to whom to do you owe the greater duty? To your customer who wish to knowingly (i.e. without confusion) buy cheaper, imitation products? Or to unrelated businesses whose valuable intellectual property is being flagrantly violated on your site? Would you take precautions beyond what the law requires to reduce infringing sales?
CORBIS CORP. v. AMAZON.COM, INC.
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