• <b><center>Sotheby’s<br>Antiquarian Books<br>Including a series of views of Milan<br>September 27 to October 4</b></center>
    <b>Sotheby’s, Sep. 27 – Oct. 4:</b> Livius, Historia Romanae decades, Venice, Vindelinus de Spira, 1470, contemporary Morocco. €30,000 to €40,000.
    <b>Sotheby’s, Sep. 27 – Oct. 4:</b> Blaeu, Nieuw Stedeboeck van Italien (Piemont), The Hague, 1724-1725, 8 volumes, marbled calf gilt. €70,000 to €90,000.
    <b>Sotheby’s, Sep. 27 – Oct. 4:</b> Baysio, Rosarium decretorum, Venice, 1481, later vellum. €10,000 to €15,000.
    <b>Sotheby’s, Sep. 27 – Oct. 4:</b> [Niccolò da Poggibonsi], Viaggio da Venetia al santo Sepulchro, Venice, 1529, later half calf. €2,000 to €3,000.
    <b>Sotheby’s, Sep. 27 – Oct. 4:</b> Hieronymus, Epistole [Italian], Ferrara, 1497, blue crushed morocco with the Rocco di Torrepadula arms. €12,000 to €15,000.
  • <center><b>Swann Auction Galleries<br>Printed & Manuscript Americana<br>September 29, 2022</b>
    <b>Swann September 29:</b> Extensive archive of papers of Lincoln’s Secretary of the Navy, Gideon Welles. $60,000 to $90,000.
    <b>Swann September 29:</b> George Catlin, <i>North American Indian Portfolio,</i> 1844. $40,000 to $60,000.
    <b>Swann September 29:</b> The Twenty-Four Books of the Holy Scriptures, Carefully Translated…after the Best Jewish Authorities, Philadelphia, 1853-54. $10,000 to $15,000.
    <center><b>Swann Auction Galleries<br>Printed & Manuscript Americana<br>September 29, 2022</b>
    <b>Swann September 29:</b> Wedding book of Eleanor Roosevelt’s bodyguard, Earl Miller, signed by the Roosevelts, 1932. $6,000 to $9,000.
    <b>Swann September 29:</b> Textile titled <i>The Resignation of Pres’t Washington,</i> Scotland, circa 1800. $5,000 to $7,500.
    <b>Swann September 29:</b> Gideon Welles, Pass for President Lincoln’s White House funeral, 1865. $4,000 to $6,000.
    <b>Swann September 29:</b> Confirmation of arms and nobility in favor of the Diez y Mora family, Madrid, 1710. $2,500 to $3,500.
  • <center><b>Doyle<br>Rare Books, Autographs & Maps<br>October 13, 2022</b>
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 109. Miguel de Cervantes. <i>The History of Don-Quichote. The first parte.</i> London: William Stansby for Edward Blount, 1620. $60,000 to $90,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 43. Franklin Delano Roosevelt. <i>Addresses of Franklin D. Roosevelt and Winston Churchill.</i> Washington: The White House, Christmastide, 1942. $15,000 to $25,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 113. Charles Darwin. A collection of 26 titles including <i>On the Origin of Species.</i> $10,000 to $12,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 210. Philip Guston. Important correspondence between Philip Guston and Ralph and Martha Hyams. New York, 1967-76. $20,000 to $30,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 26. John F. Kennedy and Marilyn Monroe. Signed guest book and original photos from the May 19, 1962 reception. $40,000 to $60,000.
    <center><b>Doyle<br>Rare Books, Autographs & Maps<br>October 13, 2022</b>
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 194. J.R.R. Tolkien. <i>The Lord of the Rings Trilogy.</i> London: George Allen and Unwin, 1954-1954-1955. $12,000 to $18,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 164. Max Beerbohm. Autograph Manuscript for The Happy Hypocrite, circa 1896. $8,000 to $12,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 158. Mark Twain. <i>The Writings.</i> Hartford: American Publishing Company, 1899-1907. The Autograph Edition. $7,000 to $10,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 150. Lady Dilke. <i>French Painters of the XVIIIth Century.</i> London: George Bell, 1899. First edition. $3,000 to $5,000.
    <b>Doyle, Rare Books, Autographs & Maps:</b> Lot 200. Ludwig Bemelmans. Original sketch of Madeline, ink and gouache. $4,000 to $6,000.

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><center>Gonnelli Auction House<br>Books, Autographs & Manuscripts<br>11th-12th of October 2022
    <b>Gonnelli Oct. 11th:</b> Alfieri Vittorio, <i>Vita [...] scritta da esso,</i> 1968. Starting Price: €900,00.
    <b>Gonnelli Oct. 11th:</b> Collection of 25 albumin photographs depicting Italian, French and Swiss places. Late 19th century.
    <b>Gonnelli Oct. 11th:</b> Brandolini D’Adda Brandolino, Duale. <i>Poesia [...] e incisioni di Sandro Martini,</i> 1976.
    <b>Gonnelli Oct. 11th:</b> Alighieri Dante, <i>La divina commedia di Dante</i> edizione illustrata da 30 fotografie tolte da disegni di Scaramuzza, 1879. Starting Price: €500,00.
    Gonnelli Oct. 12th: Cervantes Saavedra Miguel (de), <i>El Ingenioso Hidalgo Don Quixote de la Mancha.</i> Nueva edicion corregida por la Real Academia Española, 1780. Starting price: €12.000,00.
    <b>Gonnelli Oct. 11th:</b> Collodi Carlo, <i>Le avventure di Pinocchio. Storia di un burattino,</i> 1883. Starting price: €6.000,00.
    <b>Gonnelli Oct. 11th:</b> Wilde Oscar, <i>The Picture of Dorian Gray [...]</i> with original images & notes on the text by Jim Dine, 1968. Starting price: €1.500,00
    <b>Gonnelli Oct. 11th:</b> The smallest tarot cards in the world. 21st century.
  • <b><center>Potter & Potter Auctions<br>Fine Books & Manuscripts<br>October 20, 2022</b></center>
    <b>Potter & Potter, Oct. 20:</b> JOYCE, James. <i>Ulysses.</i> London: John Lane the Bodley Head, 1937. PRESENTATION COPY OF THE FIRST ENGLISH EDITION PRINTED IN ENGLAND. $50,000 to $60,000.
    <b>Potter & Potter, Oct. 20:</b> [SHACKLETON, Ernest]. –– BROWNING, Robert. <i>Poetical Works of…</i> London: Smith and Elder, 1906. PRESENTED TO SHACKLETON AND THE OFFICERS OF THE NIMROD BY A MEMBER OF THE ROYAL GEOGRAPHICAL SOCIETY. $40,000 to $60,000.
    <b>Potter & Potter, Oct. 20:</b> AUDUBON, John James. <i>The Birds of America, from Drawings Made in the United States and Their Territories.</i> New York: George R. Lockwood, [1870]. $30,000 to $40,000.
    <b><center>Potter & Potter Auctions<br>Fine Books & Manuscripts<br>October 20, 2022</b></center>
    <b>Potter & Potter, Oct. 20:</b> ARISTOTLE. Opera, in Greek, parts one and two only: Organon and Natural Philosophy I. Edited by Aldus and others. Venice: Aldus Manutius, 1 November 1495–February 1498. $20,000 to $30,000.
    <b>Potter & Potter, Oct. 20:</b> COOK, James, Capt. [Collected Voyages]. First and Second Voyages: London: W. Strahan; and T. Cadell, 1773, 1777; Third Voyage: London: H. Hughes for G. Nicol and T. Cadell, 1785. $14,000 to $18,000.
    <b>Potter & Potter, Oct. 20:</b> CLEMENS, Samuel Langhorne (“Mark Twain”). <i>The Writings of…</i> Hartford: American Publishing Co., 1899–1900. $12,000 to $16,000.
    <b><center>Potter & Potter Auctions<br>Fine Books & Manuscripts<br>October 20, 2022</b></center>
    <b>Potter & Potter, Oct. 20:</b> [KELMSCOTT PRESS]. SHAKESPEARE, William. <i>The Poems of…</i> Edited by Frederick S. Ellis. Hammersmith: William Morris for the Kelmscott Press, 1893. $12,000 to $15,000.
    <b>Potter & Potter, Oct. 20:</b> LONDON, Jack. <i>The Call of the Wild.</i> New York: The Macmillan Company, 1905. PRESENTATION COPY INSCRIBED BY LONDON. $10,000 to $15,000.
    <b>Potter & Potter, Oct. 20:</b> CROWLEY, Aleister (1875–1947). <i>The Winged Beetle.</i> London: privately printed, 1910. $10,000 to $15,000.
    <b><center>Potter & Potter Auctions<br>Fine Books & Manuscripts<br>October 20, 2022</b></center>
    <b>Potter & Potter, Oct. 20:</b> WILDE, Oscar (“C.3.3.”). <i>The Ballad of Reading Gaol.</i> London: Leonard Smithers, January 1898. $6,000 to $8,000.
    <b>Potter & Potter, Oct. 20:</b> DRYDEN, John. <i>Fables Ancient and Modern; translated into verse from Homer, Ovid, Boccace, & Chaucer: with original poems.</i> London: John Tonson, 1700. $4,000 to $6,000.
    <b>Potter & Potter, Oct. 20:</b> [MAP]. LINSCHOTEN, Jan Huygen van. <i>Delineatio Orarum Maritimarum…</i> London: John Wolfe, 1598. $3,000 to $4,000.

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