A different outcome in Tiffany could have imposed a duty on online Tiffany Frank Gehry Torque Bead long drop earrings operators to investigate every item sold by every merchant. Such a duty, in the authors' view, would be unreasonably onerous and impede online Tiffany Graduated bead drop earrings. By limiting liability to those having "contemporary knowledge of particular listings," the Second Circuit placed the burden of policing on trademark owners (i.e., on Tiffany).14 This standard takes into account the fact that trademark owners are in the best position to identify counterfeit goods, which constitute instances of infringement. In addition, this rule errs on the side of under-inclusive policing of counterfeiting merchandise and does not impede legitimate sales. Tiffany Graduated bead drop pendant Second Circuit's rule also aligns trademark law with the Digital Millennium Copyright Act (DMCA). The DMCA provides a "Tiffany Bangles harbor:" "[I]f a service provider knows (from notice from the owner, or a 'red flag') of specific instances of infringement, the provider must promptly remove the infringing material.
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