UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ...

Case 0:10-cv-61942-MGC Document 5-2 Entered on FLSD Docket 10/14/2010 Page 5 of 22
and packaging, and some of the features differ from that of genuine Tiffany goods and packaging
of this type. Specifically, in connection with the analysis of the Tiffany branded Heart Tag key
ring, I determined the key ring sample was missing one or more of the Tiffany Marks which are
included on authentic Tiffany Heart Tag key rings and the markings on the key ring sample was
inconsistent and/or not proportional with genuine Tiffany products. In connection with the
analysis of the packaging supplies, I determined the style, material, and/or color differ from that
of genuine Tiffany packaging.
14. I also personally reviewed the various Tiffany branded products offered for sale
by the Defendant via the Internet websites operating under the Subject Domain Names, and
concluded the products were non-genuine Tiffany products. I reached this conclusion through
my visual inspection of the products, including the styles and price points, which were
inconsistent with similar genuine Tiffany goods. Additionally, I personally know that Tiffany
does not conduct business with the Defendant, nor have the Tiffany Marks ever been assigned or
licensed to be used by the Defendant or the Internet websites operating under the Subject
Domain Names. I can also confirm the Defendant is using the Tiffany Marks in the Subject
Domain Names without the authority of Tiffany. True and correct copies of the printouts from
the Internet websites operating under the Subject Domain Names showing the Tiffany branded
products offered for sale are attached as Composite Exhibit “1” to the Declaration of Stephen M.
Gaffigan in Support of Plaintiff’s Ex Parte Application.
15. As a result of the availability of the non-genuine Tiffany branded goods being
offered for sale by the Defendant, Tiffany is highly likely to experience irreparable damage to its
reputation among consumers unless the infringing activity alleged in the Complaint is stopped.
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