Feeds

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

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

Remote control for virtualized desktops

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.

Intelligent flash storage arrays

More from The Register

next story
Bladerunner sequel might actually be good. Harrison Ford is in it
Go ahead, you're all clear, kid... Sorry, wrong film
Euro Parliament VOTES to BREAK UP GOOGLE. Er, OK then
It CANNA do it, captain.They DON'T have the POWER!
Musicians sue UK.gov over 'zero pay' copyright fix
Everyone else in Europe compensates us - why can't you?
I'll be back (and forward): Hollywood's time travel tribulations
Quick, call the Time Cops to sort out this paradox!
Megaupload overlord Kim Dotcom: The US HAS RADICALISED ME!
Now my lawyers have bailed 'cos I'm 'OFFICIALLY' BROKE
Forget Hillary, HP's ex CARLY FIORINA 'wants to be next US Prez'
Former CEO has political ambitions again, according to Washington DC sources
prev story

Whitepapers

10 ways wire data helps conquer IT complexity
IT teams can automatically detect problems across the IT environment, spot data theft, select unique pieces of transaction payloads to send to a data source, and more.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
How to determine if cloud backup is right for your servers
Two key factors, technical feasibility and TCO economics, that backup and IT operations managers should consider when assessing cloud backup.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Choosing a cloud hosting partner with confidence
Download Choosing a Cloud Hosting Provider with Confidence to learn more about cloud computing - the new opportunities and new security challenges.