Mark Fiore

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Professional Experience

: Current; eBay Inc. Tiffany & Co. v. eBay On July 14, 2008, Judge Richard J. Sullivan of the Southern District of New York rejected all of Tiffany's claims against eBay in a suit in which Tiffany had claimed that eBay was responsible for policing counterfeit merchandise offered on its auction site. This ruling is seen as establishing landmark precedent on secondary trademark liability for Internet intermediaries. Especially notable in light of a recent judgment against eBay in France in a similar action brought by the French high-end goods company LVMH, Judge Sullivan's opinion completely vindicates eBay's position, which is that in its role as an e-commerce transaction intermediary, eBay cannot validate the provenance or authenticity of merchandise offered on the site.

: Current; XM Satellite Radio XM Satellite Radio Obtained favorable result on behalf of XM Satellite Radio regarding royalty rate for copyright license covering performances of sound recordings transmitted by XM and Sirius Satellite Radio.

: Current; Bertelsmann AG In re Napster, Inc. Copyright Litigation, Case No. 06-15886 (9th Cir. 2006); Case No. 06-72515 (9th Cir. 2006); MDL 1369 (MHP) (N.D. Cal. 2003) Litigation over the former Napster service; successful settlements in the single largest copyright infringement case in U.S. history

: Current; Bertelsmann AG UMG Recording, Inc. et al. v. Bertelsmann AG et al., 2000-CV-01369 (9th Cir. 2006) Appeal of ruling that compelled production of privileged documents under the “crime-fraud exception.” Won appeal: In a significant precedent, Court clarified scope of “crime-fraud exception”; also ruled substance of documents provided no evidence of fraud.

: Current; eBay Inc. eBay Inc.; Robespierre, Inc. v. eBay Inc. et al., 1:05-CV-10484 (S.D.N.Y.) Successfully opposed preliminary injunction motion seeking to enjoin eBay from allowing third parties to sell Nanette Lepore merchandise through its website. more

: Current; Bertelsmann AG In re Napster, Inc. Copyright Litigation Representing Bertelsmann AG in a series of litigations brought by music publishers and record labels asserting that Bertelsmann should be liable (for tens of billions of dollars) for contributory/vicarious copyright infringement stemming from its loans extended to the Napster file-sharing service. more

: Current; The McGraw-Hill Companies Chicago Board Options Exchange, Incorporated, Dow Jones & Company, Inc., and The McGraw-Hill Companies, Inc. v. International Securities Exchange, LCC and The Options Clearing Corporation Representing McGraw-Hill and its Standard & Poor’s division in a series of litigations involving protection of the S&P 500 Index and related intellectual property. more

: Current; Tyson Foods, Inc. In re Tyson Foods, Inc. Won a major court victory for Tyson Foods, Inc. over several poultry industry competitors by defeating a request for a temporary restraining order.

Education