Tiffany is now seeking to overturn the court's failure to apply established principles of trademark law.
"We do not believe the law allows auction sites like eBay to continue to turn a blind eye to this problem while reaping profits from the listing and sale of counterfeit merchandise. Trademark law does not impose a duty on Tiffany to police eBay's site: eBay designed the site and has the responsibility to police it," said James Swire, a partner at Arnold & Porter LLP, the law firm representing the jewellers.
Tiffany first sued eBay in 2004 claiming that the company didn't do enough to keep counterfeit goods off its website, despite eBay saying that if they are notified of counterfeit goods, they immediately take down the auction.
However, last month a US judge ruled that Tiffany not eBay, was responsible for monitoring the website for fake merchandise. He said the law was clear, and the burden was on the trademark owner to police its mark.
See also: eBay fined $61m over fake goods