Legal Issues

by Mike Masnick

Filed Under:
counterfeits, france, liability, trademark

ebay, l'oreal

Good Surprise: French Court Actually Sides With eBay On Counterfeiting Liability

from the getting-it-right dept

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.

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  • identicon
    bob, 14 May 2009 @ 3:36am

    This Is A Suprise

    A French Court siding with a non French Company.
    They Must be losing in the EU First Court of Instance or what ever it's called.

    reply to this | link to this | view in chronology ]

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