Managing Intellectual Property

eBay verdict will embolden rights owners

09 June 2008

Eklavya Gupte, London

Brand owners are likely to be more willing to challenge eBay over the sale of counterfeit goods after a recent ruling by a French court

The Tribunal de Grande Instance in Troyes in eastern France ruled on June 4 that eBay was responsible for the sale of three counterfeit versions of Hermes bags and ordered the auction site to pay €20,000 in damages to the fashion house.

"This verdict was quite a surprise. It has got trade mark owners all over the world excited," said Jean-Philippe Bresson, a partner of French firm INLEX.

Bresson also noted that this was the first time a French court has found eBay liable in a counterfeiting case and that it could mean that trade mark owners will be encouraged to target the auction site rather than its users.

According to an...



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