Tiffany v. e Bay presents the issue of who is to bear responsibility for attacking the scourge of counterfeiting: the brand owner or the operator of the (electronic) marketplace. In its recent decision, the Second Circuit places this responsibility largely on the brand owner but obligates the marketplace proprietor to fairly advertise its products. Join us as Anthony F. Lo Cicero of Amster, Rothstein & Ebenstein LLP analyzes the Second Circuit's decision, compares it to decisions in comparable cases in other jurisdictions, and provides practical advice for both the “Tiffanys” and “eBays” of the world.