The court said that it was not only up to eBay to police fake goods on its site, but that responsibility also lay with the brand itself.
In a statement, eBay said: “Tiffany’s decision to carry this litigation on after the District Court’s decision doesn’t do anything to combat counterfeiting.”
Tiffany’s legal representative Patrick Dorsey said: “The effect of this is that eBay can continue to profit at the expense of consumers and trademark holders.”
In June, a French court ruled against eBay in a case brought by luxury group LVMH and eBay was ordered to pay damages of €40 million (£31.3 million) for selling fake goods on its site. EBay is appealing against this decision.