(1.) "Quis cladem illius nocis
, quis funera fando explicet aut possit lacrimis aequare labore?
16Superueniente autem paschalis festiuitatis die, intempeste nocis
silencio ad eum perfidus arrianum episcopum misit ut eius manu sacrilega communionem perciperet atque per hoc ad patris gratiam redire mereretur.
Klass Woortmann afirma que apesar da influencia crista, esses camponeses continuaram adotando antigas praticas em relacao a sexualidade, tais como, herdar esposas de geracoes anteriores, rejeitar o celibato pos marital, o jus prima nocis
, o costume do casamento entre dois irmaos e duas irmas e a troca de irmas (1990, 39).
and NOCIs were enough to give eBay "knowledge" of infringement
listing by submitting a notice of claimed infringement (NOCI) to eBay.
(24) A NOCI indicates that the trademark owner has a good-faith belief
(25) A NOCI does not mean that the item actually infringes on
Trey Obering, Missile Defense Agency director;, Richard Nocis
, recipient of the NDIA Outstanding Achievement Award for the Joint Area Pacific Scheduling Office; Retired Army Major Gen.
* Verified Rights Owner (VeRO) program, which allows rights owners to use a Notice of Claim of Infringement (NOCI) to inform eBay of infringing listings and request that the listings be taken down
The judge also concluded that "eBay took appropriate steps to warn and then suspend sellers when eBay learned of potential trademark infringement under that seller's account." He also agreed with eBay's decision not to "automatically or permanently suspend a seller after the filing of a first, or even a second, NOCI" under the VeRO program.
Tiffany showed that 1) many sellers whose accounts had been suspended by eBay based on a NOCI sent by Tiffany were able to continue to use eBay under different eBay seller IDs; and 2) many sellers were able to repost listings for counterfeit product after the original listing had been taken down by virtue of Tiffany's NOCI.
Recall that the judge stated that willful blindness is proven if eBay "knew of a high probability of illegal conduct and purposely contrived to avoid learning of it." If eBay receives a NOCI from a rights owner, even if that NOCI is only evidence of suspected infringement (and not actual infringement), the NOCI at least provides eBay with knowledge that there is "a high probability of illegal conduct" taking place on the site.