• <b>Chiswick Auctions: Autographs & Memorabilia. February 28, 2019</b>
    <b>Chiswick Auctions, Feb 28:</b> Autograph album featuring signatures by prominent actors, politicians, musicians and authors, including Rudolph Valentino. £1,000 to £1,500
    <b>Chiswick Auctions, Feb 28:</b> An extremely rare working radio script for Crazy People No 29, the first series of <i>The Goon Show.</i> £600 to £800
    <b>Chiswick Auctions, Feb 28:</b> Manuscript prayer book, in German. 8vo, 1755 £800 to £1,200
    <b>Chiswick Auctions, Feb 28:</b> Italian Manuscript on Geometry, with diagrams, 18th century. £500 to £700
    <b>Chiswick Auctions: Ornithology, Zoology & Voyages. February 27, 2019</b>
    <b>Chiswick Auctions, Feb 27:</b> Thorburn (Archibald). Sparrowhawk, original watercolour & gouache, signed & dated lower right, 1917. £1,500 to £2,000
    <b>Chiswick Auctions, Feb 27:</b> Burton (Sir Richard Francis). <i>Personal Narrative of a Pilgrimage to El-Medinah and Meccah.</i> 3 vol., FIRST EDITION, 1855-56. £1,000 to £1,500
    <b>Chiswick Auctions, Feb 27:</b> [Mount (Richard) & Page (Thomas)]. <i>The English Pilot. Describing the Sea-Coasts…</i> 31 engraved maps, W. & J. Mount, T. Page, 1756 £4000 to £6000
    <b>Chiswick Auctions: Ornithology, Zoology & Voyages. February 27, 2019</b>
    <b>Chiswick Auctions, Feb 27:</b> D’apres De Mannevillette (Jean-Baptiste Nicolas Denis). <i>Le Neptune Oriental.</i> Paris & Brest, [1775 – 1781]. £10,000 to £15,000
    <b>Chiswick Auctions, Feb 27:</b> Loring (Josiah). Terrestrial Globe Containing all the Late Discoveries and Geographical Improvements. Boston, Gilman Joslin, 1846, £800 to £1,200
    <b>Chiswick Auctions, Feb 27:</b> Shelley (G. E., Capt.). <i>A Monograph of the Nectariniidae, or Family of Sun-birds,</i> FIRST EDITION, by the Author, 1876-80. £4,000 to £6,000
  • <b>Bonhams: Treasures from the Eric C. Caren Collection: How History Unfolds on Paper, Part VII (Online). March 6-14, 2019</b>
    <b>Bonhams, Mar 6-14:</b> Albert Einstein A remarkable letter on God in English, one of his most eloquent and quoted, 1 p, July 2, 1945. $100,000 to $150,000.
    <b>Bonhams, Mar 6-14:</b> Benjamin Lincoln's commission as Major General in the Continental Army, February 19th, 1777. $60,000 to $90,000.
    <b>Bonhams, Mar 6-14:</b> Broadside. A Poem Upon the Bloody Engagement That Was Fought on Bunker's-Hill. 1775. $15,000 to $25,000.
    <b>Bonhams, Mar 6-14:</b> Early, full printing of the Star-Spangled Banner in The Yankee, October 7, 1814. $8,000 to $12,000.
    <b>Bonhams, Mar 6-14:</b> Paul Revere. Engraving, “The Boston Massacre Perpetrated on March 5, 1770," in <i>Massachusett's Calendar 1772.</i> $8,000 to $12,000.
    <b>Bonhams: Treasures from the Eric C. Caren Collection: How History Unfolds on Paper, Part VII (Online). March 6-14, 2019</b>
    <b>Bonhams, Mar 6-14:</b> Earliest known newspaper coverage of Babe Ruth, "a St Mary's schoolboy," Baltimore, April 4, 1914. $6,000 to $9,000
    <b>Bonhams, Mar 6-14:</b> Franklin, Benjamin. <i>The Independent Whig.</i> First Magazine Published in America, Philadelphia: Keimer, 1723-4. $15,000 to $20,000
    <b>Bonhams, Mar 6-14:</b> Smith, Joseph. <i>The Book of Mormon.</i> Palmyra: Printed by E.B. Grandin for the Author, 1830. First printing. $40,000 to $60,000
    <b>Bonhams, Mar 6-14:</b> Last Words of Joseph Smith. Autograph Letter Signed from a Mormon disciple, conveying a contemporary account of the Prophet's final words, Nauvoo, July 27, 1844. $10,000 to $15,000
    <b>Bonhams, Mar 6-14:</b> John Brown's Body. Autograph Letter Signed from the daughter of John Brown attempting to arrange the return of her father's body, North Elba, Essex Co, NY, November 29, 1859. $4,000 to $6,000
    <b>Bonhams, Mar 6-14:</b> Powell Expedition. Autograph diary of Rhodes C. Allen kept during the Powell Expedition of 1868, June 29, 1868 - November 16, 1868. $20,000 to $40,000
  • <b>Swann Auction Galleries, Feb 21:</b> NASA archive with 351 photographs, silver & chromogenic prints, 1960-2002. $6,000 to $9,000.
    <b>Swann Auction Galleries, Feb 21:</b> Edward S. Curtis, suite of 18 cyanotypes, 1910-14. $25,000 to $35,000.
    <b>Swann Auction Galleries, Feb 21:</b> Edward S. Curtis, <i>Horse Capture, Atsina,</i> unique copper plate for <i>The North American Indian,</i> 1908. $60,000 to $90,000.
    <b>Swann Auction Galleries, Feb 21:</b> John Whipple, <i>Harriet Beecher Stowe,</i> salted print from a calotype negative, 1853. $10,000 to $15,000.
    <b>Swann Auction Galleries, Feb 21:</b> Lewis Carroll, <i>Xie Kitchen,</i> albumen print, circa 1872. $8,000 to $12,000.
    <b>Swann Auction Galleries, Feb 21:</b> Ansel Adams, <i>Taos Pueblo,</i> limited, signed first edition of the artist's first book, 12 silver bromide prints, 1930. $30,000 to $45,000.
    <b>Swann Auction Galleries, Feb 21:</b><br>JFK in his motorcade about 2 mins before his assassination, chromogenic print, 1963. $2,000 to $3,000.
    <b>Swann Auction Galleries, Feb 21:</b> Anton Guilio Bragaglia, 6 photomechanical postcards with facsimile signatures, 1911-13, printed 1932. $30,000 to $45,000.
    <b>Swann Auction Galleries, Feb 21:</b> Société Anonyme, Inc, group of 9 postcards, including 8 real photo postcards, 1920-30. $25,000 to $35,000.
  • <b>Christie’s Paris, 20 Feb:</b> BELON. <i>L’Histoire de la nature des oyseaux.</i> Paris : Corrozet, 1555. $17,000 to $23,000
    <b>Christie’s Paris, 20 Feb:</b> MIOMANDRE – BARBIER. <i>Dessins sur les danses de Vaslav Nijinsky.</i> Paris. 1913. $23,000 to $34,000
    <b>Christie’s Paris, 20 Feb:</b> HOKUSAI. <i>Fugaku Hyakkei, Edo : Nishimura Yûzô.</i> 1834-1875. $58,000 to $80,000
    <b>Christie’s Paris, 20 Feb:</b> EDWARDS. <i> <br>A Natural History of Uncommon Birds…</i> London : Printed for the Author. 1743-1764. $35,000 to $46,000
    <b>Christie’s Paris, 20 Feb:</b> VESALIUS. <i><br> De Humane Corporis Fabrica libri septem...</i> Basle : J. Oporinus. 1555. $58,000 to $80,000

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>Morton Subastas on Bidsquare:</b><br>Die Französische Expedition gegen Mexico /Beilagen zum Beiheft des Militair - Wochenblattes
    <b>Morton Subastas on Bidsquare:</b><br>The Architecture Of M. Vitruvius Pollio. London, 1791.
    <b>Morton Subastas on Bidsquare:</b> Estatuto Provisional del Imperio Mexicano. México: Imprenta de Andrade y Escalante, 1865.
    <b>Morton Subastas on Bidsquare:</b> Historia de Méjico... México, 1849 - 1852.
    <b>Morton Subastas on Bidsquare:</b> Juárez, Benito - Ogazón, Pedro. Legajos de Bandos del Estado de Guadalajara, 1860-1863.
    <b>Morton Subastas on Bidsquare:</b> Sigüenza y Góngora, Carlos. Mapa de las Aguas que por el Círculo de 90 Leguas Vienen a la Laguna de Tescuco... Méx, 1748.
    <b>Morton Subastas on Bidsquare:</b> Cruces y Campa / Aubert / Valleto. Pareja Imperial, Fusilamiento de Maximiliano, Tipos Mexicanos... ca,1875.
  • <b>Bonhams, Mar 12:</b> Walt Whitman. <i>Leaves of Grass.</i> First edition, first issue, SIGNED in block letters by Whitman. 1855. $200,000 to $300,000
    <b>Bonhams, Mar 12:</b> Isaac Newton's copy of John Greave's <i>Pyramidographia,</i> London, 1646. $50,000 to $70,000
    <b>Bonhams, Mar 12:</b> Colonel John Mosby. Robert E. Lee's autograph letter to Samuel Cooper reporting on Mosby's exploits, with Cooper's autograph note ordering his appointment to Major.
    <b>Bonhams, Mar 12:</b> Gyula Halasz Brassai. Large archive of autograph and typed letters, over 260, to his family including his wife Gilberte, 1947-1978. $40,000 to $60,000
    <b>Bonhams, Mar 12:</b> Archive of drawings and letters from Harper Lee to Charles Carruth, including an inscribed first edition of <i>To Kill a Mockingbird.</i> $20,000 to $30,000
    <b>Bonhams, Mar 11:</b> VESALIUS, ANDREAS. 1514-1564. <i>De humani corporis fabrica libri septem.</i> Basel: Johannes Oporinus, June 1543. $300,000 to $500,000
    <b>Bonhams, Mar 11:</b> HARVEY, WILLIAM. 1578-1657. <i>De motu cordis & sanguinis in animalibus Anatomica Exercitatio.</i> Leiden: Joannis Maire, 1639. $25,000 to $35,000
    <b>Bonhams, Mar 11:</b> BERENGARIO DA CARPI, GIACOMO. 1460-1530. <i>Isagogae breves perlucide ac uberrimae in Anatomiam humani corporis.</i> Bologna: Benedictus Hectoris, 15 July 1523. $15,000 to $25,000
    <b>Bonhams NY, Mar 11:</b> FRANKLIN, BENJAMIN. 1706-1790. <i>Experiments and Observations on Electricity, made at Philadelphia in America…</i> London, 1769. $10,000 to $15,000
    <b>Bonhams NY, Mar 11:</b> BENIVIENI, ANTONIO. 1443-1502. <i>De abditis nonnullis ac mirandis morborum et sanationum causis.</i>Florence: Filippo Giunta, 1507. $8,000 to $12,000

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