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In page Tiffany (NJ) Inc. v. eBay Inc.:
"The Second Circuit held that the nominative fair use defense protected eBay’s activities because eBay needed to reference the Tiffany name to identify the jewelry, eBay only used enough of the trademark as was "reasonably necessary" to make that identification, and eBay did not suggest endorsement or sponsorship by Tiffany.[2]:93, 103 Further, because eBay does not take possession of counterfeit goods, nor does eBay directly sell items, this issue would be more properly argued under contributory trademark infringement.[2]:103
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