Legal Question in Business Law in Arizona

Copyright Infringement

I won an auction and rec'd jewelry all the jewelry was stamped Tiffany & Co. It wasn't authentic Tiffany & Co. The auction didn't list the auction as Tiffany & Co. The corresponding pic's in the auction showed all the jewelry stamped Tiffany & Co. I thought I was bidding on the real stuff. After receiving and inspecting the jewelry I realized it was fake. I complained to the auction house that this was illegal to sell. Trademark infringement etc. They replied telling me that since the auction didn't state Tiffany & Co I had to keep it. I replied to them saying no one is allowed to use a registered logo without permission and it doesn't matter how the auction was listed it is still a violation of the law. So what should I do and are they in the right. I don't think they are but I am seeking your professional expertise. Thank you.


Asked on 8/24/05, 3:13 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Copyright Infringement

The answer may lie in the question, how much money is involved. If you got your money back, would you be happy? You are correct in your conclusions and you could bring an action to recind the transaction because of mistake (you thought that it was real and they knew it was not) or because of fraud. It seems to me that their showing the merchandise with the Tiffany label stamped on it, they are representing the stuff as real Tiffany, and as such, are liable.

Employing an attorney, will help you get faster action. Your complaint, as an individual, who has been scammed by professionals, will be ignored because they know that you cannot sue them/or at least they think you can't.

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Answered on 8/24/05, 3:24 pm


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