Rebuffed on its claim that the online auction site eBay had violated its trademark, Tiffany & Co. said Thursday it was considering taking its case to the U.S. Supreme Court.

The 2nd U.S. Circuit Court of Appeals affirmed in Tiffany Inc. v. eBay Inc., 08-3947-cv, a lower court ruling finding that eBay could not be sued for trademark infringement for including on its Web site knockoffs of Tiffany’s luxury jewelry as long as eBay takes steps to remove them and is not willfully blind to their presence.