Tiffany & Co. has appealed a federal judge’s ruling letting EBay off the hook for knock-off Tiffany and other luxe items sold on the auction site.

Earlier this week, Tiffany took the case to the U.S. Court of Appeals for the Second Circuit, arguing that EBay has a duty to better police the sale of fake goods on its site. EBay has argued that it’s taken adequate measures to rein in such sales.

In July, Judge Richard Sullivan of the U.S. District Court for the Southern District of New York sided with EBay, saying that Internet companies aren’t required to watch their sites for violations of trademarks and copyrights. Rather, it’s mainly the responsibility of the trademark and copyright holders to prevent such use and abuse, he ruled. Tiffany filed its original suit in 2004.

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