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| EU court: eBay not liable for trademark infringement https://breitlingsource.com/phpBB2/viewtopic.php?f=6&t=25240 |
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| Author: | IanUK [ Thu Dec 09, 2010 8:41 am ] |
| Post subject: | EU court: eBay not liable for trademark infringement |
Not sure what forum this fits but of interest to those determined to stamp out fakes. http://www.pcpro.co.uk/news/363496/eu-c ... fringement Quote: The European Court of Justice has said that eBay is generally not liable for trademark infringements committed by users on its site.
But ECJ Advocate General Niilo Jaaskinen also said in a non-binding opinion that if eBay was notified of infringement of a trademark by a user who continued to repeat the offence, it could be held liable. .... Jaaskinen also said a trademark holder could oppose the sale of unpackaged goods, if the removal of any packaging damaged its reputation or undermined its efforts to show the origin and quality of its goods. |
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| Author: | Roffensian [ Thu Dec 09, 2010 8:45 am ] |
| Post subject: | Re: EU court: eBay not liable for trademark infringement |
Fairly predictable I suppose. The comment about repeat offenders is interesting, hopefully that will result in eBay being a little stricter with people who simply relist fake items after they are removed. |
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| Author: | JustinFournier [ Thu Dec 09, 2010 10:01 am ] |
| Post subject: | Re: EU court: eBay not liable for trademark infringement |
I'm looking forward to see how they interpret the comments about repeat offenders as well. |
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| Author: | H2F [ Thu Dec 09, 2010 4:55 pm ] |
| Post subject: | Re: EU court: eBay not liable for trademark infringement |
The brand owners and eBay (probably with a vigorous nod from the courts) formed VERO, which is manned by reps from each brand that dislike havng their products sold and re-sold through eBay. Their job is to scour eBay listings, and notify eBay of any listings they feel is suspect -- and eBay will immediately pull down the listing, and put a strike against the seller. In my days as eBay drop-off store owner (a few years back), 3 strikes within the month will shut down your eBay store for an entire week. You can appeal the decision (submit invoices etc), but it's a long difficult process. Some brand owners are extremely fanatical about this -- like Kate Spade, and Northface (the sporting apparel brand), while others apparently don't care either or. |
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