Ebay Wins again!
In the latest round of battles against Ebay by companies suffering from counterfeits, a Belgian court found Ebay not liable to L’Oreal for counterfeits sold on its site.
At least three cases against Ebay in Europe have been litigated... seeking to hold Ebay liable for infringing counterfeits, two which have ruled against Ebay. At issue is the European Directive that protects companies facilitating e-commerce, and how this Directive is interpreted. Interesting- Ebay’s position that it is only a passive provider of Internet “hosting” services persuaded the Belgium court, but not the French or German courts, in recent cases...Read More
Yesterday, the long awaited decision in Tiffany v Ebay was released by the U.S. District Court in the Southern District of New York, exonerating Ebay from any liability to Tiffany for infringing auctions on its site. In a sweeping ruling for Ebay, t...he Court emphasized that, although both Ebay and Tiffany have an interest in eliminating counterfeit Tiffany merchandise from Ebay, the burden of policing Tiffany’s valuable trademarks on the Internet falls squarely on the brand holder.
In holding that Ebay was not contributorily liable for trademark infringement, the standard is not whether eBay could reasonably anticipate possible infringement, but...Read More