• Bonhams, June 15-25: 18th Century American Sea Captain's Journals of Voyages to Hawaii, China, and South America. $35,000 - $45,000
    Bonhams, June 15-25: Admiral Richard E. Byrd's Autograph Diary from Bolling Advance Base, Winter 1934. $40,000 - $60,000
    Bonhams, June 15-25: Thoreau, Henry David. Walden; Or, Life in the Woods. Boston: Ticknor and Fields, 1854. $4,000 - $6,000
    Bonhams, June 15-25: Cellarius, Andreas. Harmonia macrocosmica seu atlas universalis et novus, totius universi creati cosmographiam generalem, et novam exhibens. $20,000 - $30,000
    Bonhams, June 15-25: Nobelist George Stigler's Copy of Ricardo's Classic on the Science of Economics. $20,000 - $30,000
    Bonhams, June 15-25: Histoire charmante de l'adolescente sucre d'amour. Paris: F. L. Schmied, 1927. $15,000 - $20,000
    Bonhams, June 15-25: Fine Copy of Walras's Classic on the Theory of Marginal Utility. $12,000 - $18,000
    Bonhams, June 15-25: Arion Press Moby Dick. Melville, Herman. $8,000 - $12,000
    Bonhams, June 15-25: Venegas, Miguel. Noticia de la California, y desu conquista temporal, y espiritual hasta el tiempo presente. $7,000 - $9,000
    Bonhams, June 15-25: Carelton Watkins, Yosemite and the West. Portfolio of 21 imperial albumen prints. $6,000 - $9,000
    Bonhams, June 15-25: An Unpublished Archive of Thornton Wilder Correspondence to F.J. O'Neil. $6,000 - $9,000
    Bonhams, June 15-25: Vesalius, Andreas. 1514-1564. Suorum de humani corporis fabrica librorum epitome. $100,000 - $150,000
  • Bonhams, June 25: Vesalius, Andreas. 1514-1564. De humani corporis fabrica libri septem. $200,000 - $300,000
    Bonhams, June 25: Gersdorff, Hans Von. 1455-1529. Feldtbuch der wundartzney. $40,000 - $60,000
    Bonhams, June 25: Pare, Ambroise. C.1509-1590. La Methode Curative des Playes, et Fractures de la Teste humaine. Avec les pourtraits des Instruments necessaires pour la curation d'icelles. $25,000 - $30,000
    Bonhams, June 25: Reisch, Gregor. 1470-1525. Margarita Philosophica. $20,000 - $30,000
    Bonhams, June 25: Bright, Richard. 1789-1858. Reports of Medical Cases, Selected with a View of Illustrating the Symptoms and Cure of Diseases by a Reference to Morbid Anatomy. $12,000 - $18,000
    Bonhams, June 25: Berengario da Carpi, Giacomo. C. 1460-1530. Tractatus de fractura calve sive cranei. $10,000 - $15,000
    Bonhams, June 25: Vicq D'Azyr, Felix. 1748-1794. Traite d'antomie et de physiologie. $8,000 - $12,000
    Bonhams, June 25: Croce, Giovanni Andrea Della. 1509?-1775. Chirurgia libri septem... $8,000 - $12,000
    Bonhams, June 25: Bruno Da Longburgo. 1200-1286. La cyrogia di Maistro Bruno: Expertissimo in quella. Tradutta in vulgare. $8,000 - $12,000
    Bonhams, June 25: Schwann, Theodor. 1810-1882. Mikroskopische Untersuchungen uber die Ubereinstimmung in der Struktur und dem Wachsthum der Thiere und Pflanzen. $8,000 - $12,000
    Bonhams, June 25: Cowper, William. 1666-1709. The Anatomy of Humane Bodies, with Figures Drawn after the Life… $6,000 - $9,000
    Bonhams, June 25: Bidloo, Govard. 1649-1713. Anatomia humani corporis, centum & quinque tabulis, per artificiossis. G. de Lairesse ad vivum delineatis. $6,000 - $9,000
  • Case Antiques
    2024 Summer Fine Art & Antiques
    July 6-7, 2024
    Case Antiques, July 6-7: Audubon Birds of America, 1st Octavo Edition; 5 vols plus Journals, ex. J.J. Pringle. $4,000 to $4,800.
    Case Antiques, July 6-7: American Ornithology Plates Folio in 2 Vols, A. Wilson and C. Bonaparte. $3,400 to $3,800.
    Case Antiques, July 6-7: 23 CP Railroad Photographs c. 1883 by O.B. Buell. $1,800 to $2,200.
    Case Antiques
    2024 Summer Fine Art & Antiques
    July 6-7, 2024
    Case Antiques, July 6-7: Cormac McCarthy, Signed 1st Editions, The Passenger & Stella Maris Box Set. $1,700 to $1,800.
    Case Antiques, July 6-7: Oliver Buell Cabinet Photograph, Chief Crowfoot. $1,400 to $1,800.
    Case Antiques, July 6-7: Colton's Atlas of the World, 1856, in Two Volumes; plus Africa / Mahdist War Map. $1,000 to $1,200.
    Case Antiques
    2024 Summer Fine Art & Antiques
    July 6-7, 2024
    Case Antiques, July 6-7: 1805 Thomas Jefferson Inaugural Speech. $1,000 to $1,200.
    Case Antiques, July 6-7: Barflies and Cocktails, Harry McElhone, First Edition Mixology Book. $1,000 to $1,200.
    Case Antiques, July 6-7: 1861 U. S. Grant Broadside Proclamation, Paducah, KY. $1,000 to $1,200.
    Case Antiques
    2024 Summer Fine Art & Antiques
    July 6-7, 2024
    Case Antiques, July 6-7: 2 John Overton Signed Letters, 1803, re: TN Statehood. $800 to $900.
    Case Antiques, July 6-7: Simon Wastell "Microbiblion or The Bibles Epitome: in Verse" 1629. $600 to $700.
    Case Antiques, July 6-7: Thomas Lewis Family Letter Archive; Boston, Massachusetts. $400 to $500.

Rare Book Monthly

Articles - May - 2010 Issue

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

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

  • Sotheby’s, June 26: Poe, Edgar Allan. Tamerlane — the most poignant rarity in American literature. 400,000 - 600,000 USD
    Sotheby’s, June 26: The Declaration of Independence. "We hold these truths to be self-evident, that all men are created equal..." 2,500,000 - 5,000,000 USD
    Sotheby’s, June 26: William Blake. “Poems with very wild and interesting pictures” 1,200,000 - 1,800,000 USD
    Sotheby’s, June 26: Thomas Taylor [artist]. The original cover art for Harry Potter and the Philosopher’s Stone. 400,000 - 600,000 USD
  • Finarte, July 4-5: FERMI, ENRICO. Letters, 1923. €30,000 to €40,000.
    Finarte, July 4-5: ALIGHIERI, DANTE. The comedy, 1477. €45,000 to €50,000.
    Finarte, July 4-5: ALIGHIERI, DANTE. The Comedy [Commentary by Christophorus Landinus]. Addition: Marsilius Ficinus, Ad Dantem gratulatio [in Latin and Italian], 1487. €40,000 to €60,000.
    Finarte, July 4-5: ASTRONOMIA - CALENDARIO - REGIOMONTANUS, JOHANNES (MÜLLER, JOHANN, OF KÖNIGSBERG) Kalendarium, 1483. €5,000 to €7,000.
    Finarte, July 4-5: CATERINA II DI RUSSIA, Parchment diploma granted by Catherine II of Russia, 1778. €15,000 to €20,000.
    Finarte, July 4-5: VICO, GIAMBATTISTA New Science Principles, 1725.
  • Freeman’s | Hindman, June 25: [Keats, John] Spenser, Edmund: The Works of that Famous English Poet, Mr. Edmond Spenser. $50,000 - $80,000.
    Freeman’s | Hindman, June 25: (Walton, Izaak): The Compleat Angler or the Contemplative man's Recreation. Being a Discourse of Fish and Fishing. $30,000 - $50,000.
    Freeman’s | Hindman, June 25: Thomas, Gabriel: An Historical and Geographical Account of the Province and Country of Pensilvania; and of West-New-Jersey in America. $25,000 - $35,000.
    Freeman’s | Hindman, June 25: [Carroll, Lewis]: The Game of Alice in Wonderland. $2,000 - $3,000.
    Freeman’s | Hindman, June 25: Athias, Joseph, et al.: Biblia Hebraica. $7,000 - $10,000.
    Freeman’s | Hindman, June 25: [Warhol, Andy, and Jens Quistgaard] Dansk Designs Salesman's Presentation Catalogue. $2,500 - $3,500.

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