L’Oréal SA and Others v. eBay International AG and Others

12 Jul 2011

Link

Court Decisions

L’Oréal brought the case against eBay International after several trademark infringements i.e., counterfeit items were being sold on the e-commerce platform. L’Oréal argued that eBay was responsible for the use of its trademarks given that it was displaying them on its website and on  advertising sponsored links. The UK Chancery Division of the High Court of Justice ruled that L’Oréal as the trademark proprietor is required to according to the EU Directive 89/104 and Regulation 40/94 prevent the operator of an online marketplace from advertising its goods without consent. Moreover, the Chancery Division of the High Court of Justice added that eBay cannot be exempt from responsibility provided under Article 14(1) of Directive 2000/31 when it plays an active role in the sale of goods be it through presentation of the offers or their promotion.