The Second Circuit Court of Appeals upheld the district court's ruling that eBay was not directly or secondarily liable for trademark infringement by sellers of counterfeit Tiffany goods on eBay. The court found that eBay took down listings when notified by Tiffany and generalized knowledge of some counterfeit sales was not enough to establish secondary liability. The court remanded the false advertising claim for further examination but rejected eBay's nominative use defense for that claim.