eBay wins preliminary EU court backing in L'Oreal fight

Dec 09, 2010
A picture of the eBay logo. The US online auction site won preliminary backing from Europe's highest court Thursday in a copyright battle with French cosmetics giant L'Oreal.

US online auction site eBay won preliminary backing from Europe's highest court Thursday in a copyright battle with French cosmetics giant L'Oreal.

European Court of Justice (ECJ) advocate general Niilo Jaaskinen said could not be held responsible for unless expressly notified of fraud.

The website could only be found guilty if an infraction had been notified and it failed to act if the seller of repeated the copyright infringement.

L'Oreal lost in a similar bid to sue the eBay in a British court last year.

The advocate general's opinion is not binding on the Luxembourg-based court, but is followed in 80 percent of cases when it comes to a formal ruling.

Both L'Oreal and eBay said they were satisfied with the conclusions.

In 2007 L'Oreal took eBay to court in Belgium, Britain, France, Germany and Spain claiming the site sold fake perfumes and cosmetics.

"A judicial injunction could be brought against the manager of an in order to prevent the pursuit or repetition of the infraction," the advocate general said.

L'Oreal said Jaaskinen's ideas "go in the direction of an efficient fight against the sale of fake brands on the Internet."

eBay's communications director Steve Milton said the site was "encouraged that the ECJ's final judgment will reinforce European consumers' freedom to buy and sell authentic goods online."

In a statement issued after the May 2009 London ruling, eBay cited 2008 figures to say it hosted 2.7 billion listings globally and "only 0.15 percent of them were identified as potentially counterfeit."

Explore further: LinkedIn membership hits 300 million

add to favorites email to friend print save as pdf

Related Stories

EBay wins court fight against L'Oreal in UK

May 22, 2009

(AP) -- A British court on Friday ruled that Internet marketplace eBay is not liable for bogus beauty products sold on its Web site, dealing a blow to cosmetics company L'Oreal's campaign against the online auction giant.

eBay fined in France for selling upscale perfumes

Nov 30, 2009

(AP) -- Online auction site eBay Inc. was fined euro1.7 million ($2.5 million) by a Paris court on Monday for failing to stop the sale of famous perfume brands like Christian Dior, Guerlain, Givenchy and ...

Supreme Court rejects Tiffany appeal of eBay ruling

Nov 29, 2010

The US Supreme Court on Monday rejected an appeal by luxury retailer Tiffany of a ruling that eBay cannot be held liable for trademark infringement for counterfeit items sold through its site.

EBay calls on EU to change luxury brand rules

Sep 17, 2009

(AP) -- EBay Inc. called Thursday on the European Union to change antitrust rules that allow luxury manufacturers to choose who can sell their branded goods online.

NY court revives Tiffany's false ad claim vs. eBay

Apr 01, 2010

(AP) -- EBay Inc. might be violating false-advertising laws if it does not warn consumers that some of the Tiffany products offered by sellers on its Web site are not authentic, a federal appeals court said Thursday.

Recommended for you

LinkedIn membership hits 300 million

Apr 18, 2014

The career-focused social network LinkedIn announced Friday it has 300 million members, with more than half the total outside the United States.

Researchers uncover likely creator of Bitcoin

Apr 18, 2014

The primary author of the celebrated Bitcoin paper, and therefore probable creator of Bitcoin, is most likely Nick Szabo, a blogger and former George Washington University law professor, according to students ...

White House updating online privacy policy

Apr 18, 2014

A new Obama administration privacy policy out Friday explains how the government will gather the user data of online visitors to WhiteHouse.gov, mobile apps and social media sites. It also clarifies that ...

User comments : 0

More news stories

Ex-Apple chief plans mobile phone for India

Former Apple chief executive John Sculley, whose marketing skills helped bring the personal computer to desktops worldwide, says he plans to launch a mobile phone in India to exploit its still largely untapped ...

Airbnb rental site raises $450 mn

Online lodging listings website Airbnb inked a $450 million funding deal with investors led by TPG, a source close to the matter said Friday.

Health care site flagged in Heartbleed review

People with accounts on the enrollment website for President Barack Obama's signature health care law are being told to change their passwords following an administration-wide review of the government's vulnerability to the ...

A homemade solar lamp for developing countries

(Phys.org) —The solar lamp developed by the start-up LEDsafari is a more effective, safer, and less expensive form of illumination than the traditional oil lamp currently used by more than one billion people ...

NASA's space station Robonaut finally getting legs

Robonaut, the first out-of-this-world humanoid, is finally getting its space legs. For three years, Robonaut has had to manage from the waist up. This new pair of legs means the experimental robot—now stuck ...

Filipino tests negative for Middle East virus

A Filipino nurse who tested positive for the Middle East virus has been found free of infection in a subsequent examination after he returned home, Philippine health officials said Saturday.

Egypt archaeologists find ancient writer's tomb

Egypt's minister of antiquities says a team of Spanish archaeologists has discovered two tombs in the southern part of the country, one of them belonging to a writer and containing a trove of artifacts including reed pens ...