• <b>Swann Auction Galleries, Feb 15:</b> Icons & Images: Photographs & Photobooks
    <b>Swann Auction Galleries, Mar 1:</b> Vintage Posters Featuring Highlights from the Gail Chisholm Collection
    <b>Swann Auction Galleries, Mar 8:</b> Early Printed, Medical, Scientific & Travel Books
    <b>Swann Auction Galleries, Mar 13:</b> 19th & 20th Century Prints & Drawings
    <b>Swann Auction Galleries, Mar 22:</b> Autographs
    <b>Swann Auction Galleries, Mar 29:</b> Printed & Manuscript African Americana
    <b>Swann Auction Galleries, Apr 12:</b> Printed & Manuscript Americana
    <b>Swann Auction Galleries, Apr 26:</b> Fine Illustrated Books & Graphics
    <b>Swann Auction Galleries May 3:</b> Graphic Design
    <b>Swann Auction Galleries May 15:</b> 19th & 20th Century Literature
    <b>Swann Auction Galleries, Jun 7:</b><br>Maps & Atlases, Natural History & Color Plate Books
    <b>Swann Auction Galleries, Jun 21:</b> Revolutionary & Presidential Americana from the Collection of William Wheeler III
  • <b>Sotheby’s, New York: Fine Printed and Manuscript Americana, Including Cartography. January 17, 2018</b>
    <b>Sotheby’s NY, Jan. 17:</b> Hayden, Ferdinand V. <i>The Yellowstone National Park, and the Mountain Ranges of Portions of Idaho, Nevada, Colorado and Utah</i>. Boston, 1876. $250,000 to $350,000
    <b>Sotheby’s NY, Jan. 17:</b> Colton, G. Woolworth. <i>Colton’s New Map of the State of Texas, The Indian Territory and Adjoining Portions of New Mexico, Louisiana, and Arkansas</i>. New York, 1882. $4,000 to $6,000
    <b>Sotheby’s NY, Jan. 17:</b> [Jefferson, Thomas]. <i>The Committee appointed to prepare a Plan for the temporary Government of the Western Territory, have agreed to the following Resolutions.</i> … [Annapolis, 1 March 1784]. $250,000 to $350,000
    <b>Sotheby’s, New York: Fine Printed and Manuscript Americana, Including Cartography. January 17, 2018</b>
    <b>Sotheby’s NY, Jan. 17:</b> Mitchell, Samuel Augustus. <i>A New Map of Texas Oregon and California with the Regions Adjoining. Compiled from the Most Recent Authorities</i>. Philadelphia, 1846. $12,000 to $18,000
    <b>Sotheby’s NY, Jan. 17:</b> Bodmer, Karl [illustrator] — Prince Maximilian Zu Wied-Neuwied. <i>Reise In Das Innere Nord-America In Den Jahren 1832 Bis 1834</i>. 1839-1841. $250,000 to $350,000
    <b>Sotheby’s NY, Jan. 17:</b> Bry, Theodor De, Thomas Hariot, and John White. <i>[Hariot's Virginia]. Wunderbarliche, Doch Warhafftige Erklärung, Von der Gelegenheit und Sitten der Wilden in Virginia</i>... Frankfurt, 1590. $200,000 to $300,000
    <b>Sotheby’s, New York: Fine Printed and Manuscript Americana, Including Cartography. January 17, 2018</b>
    <b>Sotheby’s NY, Jan. 17:</b> Bry, Theodor De, Thomas Hariot, and John White. <i>[Hariot's Virginia]. Wunderbarliche, Doch Warhafftige Erklärung, Von der Gelegenheit und Sitten der Wilden in Virginia</i>... Frankfurt, 1590. $200,000 to $300,000
    <b>Sotheby’s NY, Jan. 17:</b> Catlin, George. Catlin's North American Indian Portfolio. Hunting Scenes and Amusements of the Rocky Mountains and Prairies of America. London, 1844. $70,000 to $100,000
    <b>Sotheby’s NY, Jan. 17:</b> Franklin, Benjamin ["Richard Saunders"]. <i>Poor Richard Improved: Being an Almanack and Ephemeris ... For ... 1756</i>. Philadelphia: B. Franklin And D. Hall, 1755. $10,000 to $15,000
    <b>Sotheby’s, New York: Fine Printed and Manuscript Americana, Including Cartography. January 17, 2018</b>
    <b>Sotheby’s NY, Jan. 17:</b> Paine, Thomas. <i>Common Sense; Addressed to the Inhabitants Of America... A New Edition, with Several Additions in the Body of the Work</i> ... Philadelphia, [1776]. $60,000 to $80,000
    <b>Sotheby’s NY, Jan. 17:</b> The Declaration of Independence. In Congress, July 4, 1776 … Salem, Massachusetts-Bay: Printed By E. Russell, By Order Of Authority, [Ca. 18–20 July 1776]. $1,000,000 to $1,500,000
    <b>Sotheby’s NY, Jan. 17:</b> Hamilton, Alexander, James Madison, and John Jay. The Federalist. A Collection of Essays, Written in Favour of the New Constitution … New York, 1788. $200,000 to $300,000
  • <b>Bonhams, Feb. 11:</b> A Rare 3-rotor German Enigma I Enciphering Machine. $70,000 to $90,000
    <b>Bonhams, Feb. 11:</b> Important collection of correspondence between Werner Heisenberg and Bruno Rossi. $40,000 to $60,000
    <b>Bonhams, Feb. 11:</b> Walt Whitman Autograph manuscript containing his thoughts on death. $20,000 to $30,000
    <b>Bonhams, Feb. 11:</b> David Roberts. <i>Holy Land</i>. Six volumes. 1842-1849. First edition. $15,000 to $25,000
    <b>Bonhams, Feb. 11:</b> Extensive collection of Ray Bradbury's primary works, most signed or inscribed. $15,000 to $20,000
    <b>Bonhams, Feb. 11:</b> Peter Force. Declaration of Independence. $12,000 to $18,000
    <b>Bonhams, Feb. 11:</b> Steinbeck. <i>Grapes of Wrath</i>. A fine copy of the first edition. $10,000 to $15,000
    <b>Bonhams, Feb. 11:</b> Lewis & Clark. <i>Travels to the Source of the Missouri River</i>... First English edition, extra-illustrated. 1814. $10,000 to 15,000
    <b>Bonhams, Feb. 11:</b> Manuscript document signed by Nuno de Guzman relating to Hernan Cortes, 1528. $8,000 to $12,000
    <b>Bonhams, Feb. 11:</b> “Nos los inquisidores..." The first book in English printed West of the Mississippi. [1787]. $5,000 to $8,000.
  • <b>19th Century Shop:</b> Charles Darwin on sexuality and the transmission of hereditary characteristics: Autograph Letter Signed to Lawson Tait. Down, 17 January [1877].
    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
    <b>19th Century Shop:</b> Hamilton secures the ratification of the Constitution: <i>The Debates and Proceedings of the Convention of the State of New-York, assembled at Poughkeespsie, on the 17th June, 1788.</i>
    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>

Rare Book Monthly

Articles - May - 2010 Issue

Ebay's Victory in Fraud Case Offers an Example to Booksellers and Google

Tiffanyaboutme

The Tiffany warning page, about as easy to find on eBay as a needle in a haystack.


By Michael Stillman

A case pitting online auction giant eBay against luxury jeweler Tiffany's in the Second Circuit U.S. Appeals Court has all kinds of implications for sellers and buyers in the book field. The victory for eBay, which facilitates trade, but also facilitates fraud, is one about which booksellers and collectors may want to be aware. If I were a bookseller, I think I would want to post a copy of this decision in a spot visible to every potential customer who walked through the door.

This decision, though it does not apply directly, might also have implications for the Google Books case, currently being fought in another courtroom. We will get to this later.

Several years ago, Tiffany's, unsatisfied with eBay's efforts to stop the sale of fake Tiffany merchandise on their website, sued the auctioneer for trademark infringement. While exact figures are uncertain, there seems little doubt that a substantial amount of fake "Tiffany" jewelry is promoted and sold on eBay. If this shocks you, you are either incredibly naïve or have been living on another planet. However, the question was not whether eBay was selling fake "Tiffany" jewelry, nor even whether eBay was aware that they were selling fake "Tiffany" jewelry. Quoting the trial court, the Appeals Court stated, "a significant portion of the 'Tiffany' sterling silver jewelry listed on the eBay website...was counterfeit." The question, then, was whether eBay was obligated to do more than it was already to prevent the selling of fraudulent or misrepresented material on its site. The court said it was not.

Ebay argued that it had made all reasonable attempts to stop fraudulent merchandise from being sold. It had both automated programs and live representatives look at "Tiffany" listings for signs of fraud. It encouraged Tiffany to scour its listings and inform them of items it believed were misrepresented. It permitted Tiffany to post an "About Me" page on the eBay website where the jeweler stated, "Most of the purported TIFFANY & CO. silver jewelry and packaging available on eBay is counterfeit." Ebay provided warnings to sellers when they listed merchandise with the "Tiffany" name to be sure it was authentic, that eBay "does not tolerate listing of replica, counterfeit, or otherwise unauthorized items," and violation of this could result in suspension of the seller's account. Ebay does not automatically suspend a seller for listing his first fake "Tiffany" item, but employs something of a "three strikes rule" if the seller appears to be legitimate, most likely unaware that the item was counterfeit. In that case, a warning would be given first, but if it appeared that the seller was simply in the business of selling counterfeits, he would be removed immediately. Ebay suspends "hundred of thousands" of sellers every year, "tens of thousands" for suspected trademark infringement.

Without delving into the intricacies of case law the Court had to consider, the issue essentially came down to whether eBay was required to prevent all listings of counterfeit goods based on a "generalized" knowledge that misrepresentations were being made, rather than knowledge of specific cases. The Court came down on the side of specific requirements only. In other words, eBay is required to act when it has knowledge that a specific item is fraudulent, but not when it has reason to suspect that there are some unidentified fraudulent listings on its site. In order to show contributory trademark infringement, the Court said, "a service provider must have more than a general knowledge or reason to know that its service is being used to sell counterfeit goods. Some contemporary knowledge of which particular listings are infringing or will infringe in the future is necessary."

Rare Book Monthly

  • <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 39: Presidential Pardon Signed by John F. Kennedy. November 1962. $7,000 to $9,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 537: Marc Chagall. <i>Illustrations for the Bible</i>. Features 28 lithograph plates. First American edition, 1956. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 252: Jack Kerouac. <i>On the Road</i>. 1957. First edition. $5,000 to $7,000
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 143: Arthur Rimbaud. <i>A Season in Hell</i>. With photogravures by Robert Mapplethorpe. The Limited Editions Club, 1986. $600 to $800
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 72: Group of 11 Harry Truman Signed Letters. Typed & signed by the former President. 1962-1970. $1,500 to $2,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 157: Arthur Conan Doyle. The Complete Works of Sherlock Holmes by The Limited Editions Club. 8 vols. 1950-52. $300 to $500
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 173: Jacob Lawrence. <i>The First Book of Moses, Called Genesis</i>. Illustrated with silkscreens by Lawrence. 1989. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 239: William Faulkner. <i>Sartoris</i>. First edition. New York: Harcourt, Brace, & Company, 1929. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 286: Walt Whitman. New Year’s Eve Postcard Signed, “Walt Whitman,” to the poet Gabriel Sarrazin. January, 1891. $4,000 to $6,000
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 351: Pair of European Fine Bindings. Including Gesanbuch (1831) & Naboznych Vylevov (1911). $200 to $300
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 423: August Luben. <i> Naturhistorischer Atlas der Saugethiere </i>. Includes complete set of 30 loose plates. Leipzig: 1858. $1,000 to $1,500
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 386: <i>Famous Monsters of Filmland No 1</i>. Art by Will Elder, text by Forrest Ackerman. Warren’s first monster magazine. Feb, 1958. $2,000 to $3,000
  • <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> <i>Verve: Revue Artistique et Littéraire/An Artistic and Literary Quarterly,</i> nos.1-38 in 26 vol [a complete set], numerous colour lithographs by Picasso, Chagall, Matisse & others. £8,000 to £12,000
    <b>Forum Auctions, Jan. 25:</b> Wesley (John, Church of England clergyman and a founder of Methodism, 1703-91). Autograph Letter signed to Rev. John Bredin, 1782. £8,000 to £12,000
    <b>Forum Auctions, Jan. 25:</b> Austen (Jane). Brock (Charles Edward). A group of seventeen ink and watercolour drawings for Dent's edition of Jane Austen's <i>Sense and Sensibility,</i> 1908. £6,000 to £8,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Tibullus (Albius) and Gaius Valerius Catullus. <i>Elegiae, sive Carmina,</i> Venice, Andreas de Paltasichis, 1487. £5,000 to £7,000
    <b>Forum Auctions, Jan. 25:</b> Doves Press. English Bible (The), 5 vol., one of 500 copies, signed and inscribed by Laurence Hodson, Doves Press, 1903. £5,000 to £7,000
    <b>Forum Auctions, Jan. 25:</b> Africa. Smith (Andrew). <i>Illustrations of the Zoology of South Africa,</i> 5 vol., first edition, original cloth, [1838-50]. £4,000 to £6,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Longitude. <i>An Act for providing a Publick Reward for such Person or Persons as shall Discover the Longitude at Sea,</i> first edition of this highly important act, John Baskett, 1714. £3,000 to £5,000
    <b>Forum Auctions, Jan. 25:</b> Shirley (James). <i>Six new playes, viz. The Brothers. Sisters. Doubtfull Heir. Imposture. Cardinall. Court secret,</i> first edition, 1653. £3,000 to £4,000
    <b>Forum Auctions, Jan. 25:</b> Heaney (Seamus). <i>Ugolino,</i> number 77 of 125 copies, Dublin, Dolmen Press, 1979. £3,000 to £4,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Lasinio (Carlo, 1759-1838). <i>[Ritratti Originali de Pittori Esistenti Nella Reale Galleria de Firenze],</i> 99 engravings, circa 1791-96. £1,800 to £2,200
    <b>Forum Auctions, Jan. 25:</b> Japan. Kusakabe Kimbei. Photograph Album, 50 hand-coloured albumen prints, oblong folio, [c.1890-1900]. £1,500 to £2,000
    <b>Forum Auctions, Jan. 25:</b> Polar. Expedition in search of Sir John Franklin. Arctic Expedition in search of Sir John Franklin, printed flyer, 1852. £1,000 to £1,500
  • <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> <i>The Massachusetts Magazine: or Monthly Museum of Knowledge and Rational Entertainment,</i> 1789. Signed by George Washington. $28,000 to $32,000
    <b>Case Antiques, Jan. 27:</b> George Washington Signed Letter to John Marshall. $12,000 to $14,000
    <b>Case Antiques, Jan. 27:</b> Picasso Signed “Vallauris” 1952 Exhibition Poster. $6,000 to $8,000
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> Military appointment commission document signed by both President Thomas Jefferson and Secretary of War Henry Dearborn, dated January 27, 1803. $2,400 to $2,800
    <b>Case Antiques, Jan. 27:</b> Doris Ulmann and Julia Peterkin. <i>Roll, Jordan, Roll.</i> New York, 1933, deluxe edition, preceding first edition of the same year. No. 74 of 350. $5,000 to $6,000
    <b>Case Antiques, Jan. 27:</b> John Marshall. <i>The Life of George Washington,</i> Philadelphia, 1832. Signed by author. $5,000 to $7,000
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> Samuel L. Margolies (American, 1897-1974). Aquatint and etching, "Builders of Babylon," 1937. $4,000 to $4,500
    <b>Case Antiques, Jan. 27:</b> Two Robert E. Lee (1807-1870) signed documents as President of Washington College. $3,000 to $3,500
    <b>Case Antiques, Jan. 27:</b> William C. Harris. <i>The Fishes of North America That Are Captured on Hook and Line</i>, Vol I., New York, 1898. 40 chromolithograph plates. $2,000 to $2,500
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> $100 "Date Back" bank note 1902 from the Clarksville National Bank, Clarksville, Tennessee, depicting the portrait of John Jay Knox, Jr. $1,400 to $1,800
    <b>Case Antiques, Jan. 27:</b> View of the University of Virginia, Charlottesville and Monticello, Taken from Lewis Mountain, drawn and lithographed by Edward Sachse. $800 to $1,000
    <b>Case Antiques, Jan. 27:</b> Large Civil War photograph mounted on card stock depicting Rossville Gap in Missionary Ridge. $400 to $450

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