Counterfeiting: If Ebay Does Not Charge to Prevent

The auction site eBay be liable if he did not act to prevent the sale of counterfeit goods, and be forced to implement measures for identifying vendors, says the European Court of Justice (ECJ).

In a decision released Tuesday, the ECJ states that an operator such as eBay is liable if it has not “acted promptly to remove the data because of its site or to disable access to the data impossible” . This notification is valid from the time the operator has knowledge of the facts.

Response to this decision, the Director of Institutional Relations of eBay Europe Stefan Krawczyk said that “this decision clarifies certain issues and guarantees e-commerce of any brand in Europe.”

The European Court of Justice was asked to rule in a dispute with eBay to French cosmetics group L’Oreal. The opinion of Advocate General of the Court not binding but generally followed, had estimated that if the fraudulent use of a trademark has been notified to eBay and that the same user continues or repeats the offense, the site can be accountable if they did nothing to prevent it. In 2007, L’Oreal filed a complaint against eBay for infringement in five European countries (Belgium, Germany, France, UK and Spain), after noting that “fake fragrances and fake cosmetic products” were sold on this site. L’Oreal was dismissed at first instance in Belgium and a mediation is ongoing between the two parties in France.

L’Oréal said he was “fully satisfied” with that decision, saying it will “in the sense of an effective fight against counterfeiting of brands and products online.” “The Court of Justice has held particular, under trademark law, the possibility for national courts to impose more effective preventive measures to support the e-commerce platforms to prevent the sale of fake products but also perfume testers, product unpacked and illegal imports of origin outside the European Union, “added the group.