eBay v. Tiffany update

I’ve mentioned in the past that I get a lot of search engine traffic from folks looking for information on eBay v. Tiffany & Co., the case pending trademark infringement case in the Southern District of New York filed by Tiffany & Co. against eBay. The case seems to be on schedule to start in trial next month (5/14). I’m guessing the result won’t hurt too much for eBay, but as I have mentioned in the past it may be the first time that a pure trademark case involving a web service/ISP has made it to court. Gucci v. Hall settled, and there the SDNY denied a motion to dismiss filed by Mindspring arguing that the CDA gave ISPs immunity for trademark violations. Sorry I have nothing spicier to report, but I thought it would be helpful to give an update.