Feeds

Euro court: eBay etc can be liable in fake tat cases

Online marts to cop it if they take 'active role'

Designing a Defense for Mobile Applications

EBay and other online marketplaces will be liable for sellers' trademark infringements if they promote infringing sales or help sellers to "optimise" their pages, the European Court of Justice (ECJ) has ruled.

In one of many cases dealing with how online marketplaces should deal with trademark infringement, the ECJ has said that marketplaces are not responsible for infringement when all they do is allow third parties to display infringing goods for sale on their site.

But a marketplace loses the right to that exemption from liability when its involvement is greater and it "plays an active role of such a kind as to give it knowledge of, or control over, the data relating to the offers for sale, when it provides assistance which entails, in particular, optimising the presentation of the online offers for sale or promoting those offers", according to an ECJ statement.

The Court was asked a series of questions by the UK High Court in a case involving online auction site eBay and cosmetics company L'Oréal.

The Court said that EU trade mark law applies to sales that are directed at the EU even if the seller is located outside the EU.

It said that even marketplaces which do not promote infringing sales will lose their right to exemption from liability for sellers' trade mark infringements if "a diligent economic operator" should have been able to tell that sales were unlawful and it did not put an end to the sales.

The ECJ, Europe's highest court, also said that marketplaces can be forced by national courts to identify infringing sellers and that courts must have the power to issue and enforce injunctions stopping those sellers from engaging in further infringing sales.

See:

The ruling
The original High Court ruling

Copyright © 2011, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Application security programs and practises

More from The Register

next story
Yorkshire cops fail to grasp principle behind BT Fon Wi-Fi network
'Prevent people that are passing by to hook up to your network', pleads plod
Major problems beset UK ISP filth filters: But it's OK, nobody uses them
It's almost as though pr0n was actually rather popular
UK government officially adopts Open Document Format
Microsoft insurgency fails, earns snarky remark from UK digital services head
HP, Microsoft prove it again: Big Business doesn't create jobs
SMEs get lip service - what they need is dinner at the Club
ITC: Seagate and LSI can infringe Realtek patents because Realtek isn't in the US
Land of the (get off scot) free, when it's a foreign owner
MPs wave through Blighty's 'EMERGENCY' surveillance laws
Only 49 politcos voted against DRIP bill
EU's top data cops to meet Google, Microsoft et al over 'right to be forgotten'
Plan to hammer out 'coherent' guidelines. Good luck chaps!
prev story

Whitepapers

Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.