Managing Intellectual Property

eBay under fire from brand owners

01 September 2008

Trade mark enforcement on the internet remains a muddy issue, as demonstrated by four cases involving the online auction site eBay in three different jurisdictions

Four rulings delivered by EU and US courts in the past two months demonstrate inconsistency regarding eBay's responsibility for policing counterfeit products sold through its online auction site. The first of these decisions was a boost for brand owners, but the two most recent have maintained that online retailers such as eBay should not bear the brunt of monitoring counterfeit goods. The confusion signals potential chaos at a time when consumers are engaging in e-commerce ever more frequently, to take advantage of online bargains and avoid soaring fuel prices....



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