With more than 14.5 million active online auctions listings at this very moment, just how responsible should eBay be for the fraud that occurs when unscrupulous sellers

misrepresent their wares? Quite responsible if you're the high-end jeweler Tiffany & Co., whose commanding price depends largely on the exclusivity of its brand name. Three out of every four Tiffany's products for sale on eBay are fake, the jeweler claims. Buoyed by Louis Vuitton's similar complaint that resulted in a $61 million judgment in France against eBay, Tiffany has asked a federal appeals court to overturn a July decision in which a lower court found that eBay is not legally obligated to preemptively remove listings of suspected counterfeit items. The conflicting rulings show that this matter is far from settled, says  attorney Dyan House, who handles trademark, copyright and licensing matters at Munck Carter in Dallas. "These cases exist at the intersection of new technology and IP law," House says. "Doing business online is becoming more prevalent and, unfortunately, so is infringement." To interview Ms. House about the eBay cases, contact Mark Annick at 800-559-4534 or mark@androvett.com.