The world’s largest online auctioneer, eBay, was today claiming a “victory for consumers” after a court in Paris ruled that it was not liable for counterfeit L’Oreal perfumes for sale on its website.The perfume and cosmetics company has taken legal action against eBay in four other countries, but today’s ruling is a major victory in France for eBay, which was fined €38.6million (£34.7million) in a similar case against the luxury goods manufacturer LVMH (Moet Hennessy Louis Vuitton) group and €20,000 against Hermès. The ruling reflects a Belgian court’s decision last August, and a ruling is expected shortly on a similar case being brought in the UK.
http://www.guardian.co.uk/technology/2009/may/13/ebay-loreal-court-paris-counterfeitAlso see:French Court Clears eBay in Selling Fake Goods
A French court on Wednesday rejected a claim from the cosmetics company L’Oréal that the online auctioneer eBay was profiting from sales of counterfeit perfumes. The court said that eBay was making a reasonable effort to keep fake goods off its site.The lawsuit pitted L’Oréal, a French brand owner, against an outsider, eBay, in a country where the laissez-faire ethos of American Internet companies sometimes clashed with local business and legal traditions. EBay has lost several similar cases brought by other brand owners in France, including LVMH Moët Hennessy Louis Vuitton and Hermès.
http://nytimes.com/2009/05/14/technology/companies/14loreal.htmlEBay wins French case over liability for fakes
Cosmetics firm L’Oréal has failed in its bid to hold eBay responsible for the sale of counterfeit goods in France. A French court said that the online auction site had done all that it had to to stop counterfeit sales.EBay has faced many cases in many countries in which producers of goods have tried to hold it responsible for eBay users’ sales of counterfeits. It has won some of those cases and lost others, but two of its defeats have come in France, whose courts are seen as offering that country’s luxury brands legal protection.
http://out-law.com/page-10013Ebay claims victory in luxury fakes dispute
Ebay has won an important legal battle in a long-running war with luxury brand owners over the sale of counterfeit goods on its auction site, potentially paving the way for a more united approach towards fighting fakes.The skirmish between Ebay and L’Oréal, the French cosmetics giant, is part of a series of lawsuits worldwide about who should be responsible for policing internet sales, particularly in high-value markets such as handbags, jewellery and perfume.
http://www.ft.com/cms/s/0/14e8c3de-3fe6-11de-9ced-00144feabdc0.html
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