I don't think it does (Garm) come back to the old maxim; not when someone is sold something claiming to be, let's say signed in this case, when (knowingly) it is not. The courts (US in this case) may have ruled in their favour this time, but the caveat still (probably) stands "unless they had specific knowledge that particular items might be counterfeit." I think if a trademark holder informs eBay, & assuming the claim (of infringement) can be substantiated, then eBay are going to find it hard to justify doing nothing.

The problem is when the sale is not deliberately misleading, & the seller is unaware of the falsehood of their claims; particularly in the case of the general public selling things on a site like eBay. I don't think any of this has much to do with signed Tolkien items, as very few people could prove (legitimately) a signature is false. Personally I think the onus should normally fall on the seller, but this hardly seems practical or possible in these circumstances; how could anyone sell a signed item?

BH

...another fake one...

http://cgi.benl.ebay.be/J-R-R-Tolkien-signed-copy-Cursor-Mundi-/160516812216?pt=Antiquarian_Collectible&hash=item255f8c2db8#ht_720wt_1139

Can someone explain this auction to me? Seem a little out of line, just a bit.

http://cgi.ebay.com/ws/eBayISAPI.dll? ... &ssPageName=STRK:MEWAX:IT

I can't believe someone one would bid that much. I bought that same set recently (buy it now) and in near fine condition for under $70 on eBay.

This is ridiculous indeed. I actually had to go back and look a second time because I thought it was just a high asking price. I hadn't even considered that it had bids that high! The only explanation I can muster is from an ebay experience of my own. I had listed a copy of the Deluxe History of Middle Earth Part II, which at the time was typically fetching $250 to $300, from the other auctions I had been watching. By the end, my auction somehow reached nearly $800, and I thought I had hit the jackpot (relatively speaking, that is). After a few days of non-payment, I contacted the bidder, who had no idea about the auction and was not even a Tolkien fan. It turned out that his account had been hijacked and bids were placed without his knowing. Maybe a similar situation on the ACE set?