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The online marketplace and the traditional marketplace: What’s the difference? Blocking websites and injunctions against market operators to prevent sale of counterfeit goods
  • Kingsley Napley
  • United Kingdom
  • July 27 2016

Two recently reported cases have underscored the steps that can be taken by intellectual property rights holders to prevent the sale of counterfeit

CJEU rules on liability of marketplace operators for trademark infringements
  • Schoenherr
  • European Union
  • July 12 2016

Should landlords care about their tenants' IP infringements? According to the Court of Justice of the European Union (CJEU), they should! In a

L'Oréal v eBay clarification of online marketplace operators' liability for its users' trade mark infringement
  • Herbert Smith Freehills LLP
  • United Kingdom, European Union, Japan
  • September 29 2011

On 12 July 2011, the Court of Justice of the European Union ("ECJ") handed down its highly anticipated decision in L'Oréal SA v eBay International AG.

eBay could be liable for trademark infringement in EU
  • Manatt Phelps & Phillips LLP
  • European Union
  • July 28 2011

In a suit brought by L’Oreal against eBay, the European Court of Justice ruled that online auction sites could be liable for trademark infringement if they “actively promote” counterfeit goods.

ECJ gets behind brand owners
  • King & Wood Mallesons
  • European Union
  • July 13 2011

The European Court of Justice yesterday ruled that, in certain circumstances, online market operators such as eBay may be held liable for trade mark infringement by users of their sites, and that they should take preventative action against sellers of counterfeit goods.

L'oréal v eBay a warning to online marketplace operators
  • Herbert Smith Freehills LLP
  • European Union
  • July 13 2011

The Court of Justice of the European Union ('CJEU') has provided clarification on the liability of companies operating internet marketplaces for trade mark infringement committed by users, holding that, in certain circumstances, the operator can be liable for trade mark infringement as a result of the postings of its users.

L’Oréal v eBay: the Advocate General delivers his opinion
  • RPC
  • United Kingdom, European Union
  • February 9 2011

Under the Advocate General's opinion, online marketplace operator eBay can become liable for its users' actions.

Advocate General: keyword advertising by eBay does not constitute a trademark infringement with respect to infringing goods on the marketplace
  • Hogan Lovells
  • United Kingdom, European Union
  • January 20 2011

Advocate General Jääskinen delivered his opinion in L'Oréal v. eBay, a case referred to the Court of Justice of the European Union for a preliminary ruling from the High Court of Justice of England and Wales.

Deaf woman files suit against eBay, claiming violation of ADA
  • Manatt Phelps & Phillips LLP
  • USA
  • April 7 2010

A deaf woman filed suit against eBay, claiming that the site violates the Americans with Disabilities Act by requiring potential sellers to use a telephone to verify their identities before they can sell on the site.