While US courts have generally been good
about recognizing that eBay is not
liable for eBay users selling counterfeit goods on the site, France in the past had gotten the story backwards
, saying that eBay was liable, even though the actions were by its users, not by eBay itself. However, in a rather surprising move, a French court has actually sided with eBay against L'Oreal in a similar case
. This is a surprise -- but a good one. This is L'Oreal's second loss in such cases against eBay. It lost another such case in nearby Belgium
-- but (of course) has also filed similar lawsuits
around the globe, hoping that at least one of those courts will side with it over eBay. Hopefully, all of them take notice of how both Belgium and France have ruled, and recognize that this is not eBay's liability.