Tue, Mar 10th 2009 3:22pm
US courts have generally recognized that eBay isn't liable for the actions of people who use its site to sell counterfeit goods, though a recent decision went the other way. This situation reflects the lack of uniformity around the world in this type of case: for instance, eBay was found liable in France, but was not in Belgium. In the Belgian case, eBay was sued by cosmetics maker L'Oreal, but the company hasn't let the ruling slow it down, as it's now filed a similar suit in the UK. It's also sued eBay in France, Germany and Spain -- which could lead one to believe that it's jurisdiction shopping, simply filing suits in many different countries and seeing what sticks, with the hopes that victory in one place will force eBay to play ball worldwide. The issue of eBay's lack of liability as a platform provider remains an important one, but the problem of international jurisdiction shopping remains a massive one for companies online.
If you liked this post, you may also be interested in...
- Let's Do Business: How Lifting The Embargo Has Opened The Door For Cuban Trademark Suits
- IOC Forces School To Remove Rings From Crest For Some Reason
- BART, The Train Service, Goes After Brewery Over BART, The Beer
- Patent Troll Sues eBay For Daring To Ask Patent Office For Patent Re-Exam
- Over 100 Internet Companies Call On FCC To Protect The Open Internet