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As for the first premise, Sullivan pointed out that both courts Tiffany Heart Link lariat determined that advertisements made about Tiffany merchandise are not literally false. Considering the second theory, Sullivan said the record is clear that [Tiffany] failed to prove at trial that eBay Tiffany Heart lock charm pendant set out to deceive or mislead consumers. While Tiffany argued that eBay's intent to deceive was proven by the auction site's continued advertising [of] the availability of Tiffany's products Tiffany Heart tag charm necklace its Web site after it had been notified that a sizable portion of the products were counterfeit, the court pointed out that the contention was first raised in a June 2010 letter to the court. Since it was raised neither before, during nor after the first trial, or on appeal, that argument was deemed waived by the court. Instead of owning a bakery, co-founder Tiffany Kurtz rents time at Tiffany Heart tag charm Toggle bracelet commercial kitchen.