Managing Intellectual Property

L’Oréal case highlights split over online liability

19 May 2009

Emma Barraclough, Seattle

Online auction site eBay and French cosmetics and perfume company L’Oréal have until next week to inform a French court of their plans to cooperate better in the fight against online fakes

On May 14, the Paris Tribunal de Grande Instance ruled that eBay had fulfilled its obligation “in good faith” to help prevent fake L’Oréal products from being sold on its website. But the judge, Elisabeth Belfort, told the two parties to discuss their dispute with a mediator. The two sides are due back in court to discuss their progress on May 25.

L’Oréal filed lawsuits against eBay in France, Belgium, the UK and Spain in 2007, claiming that the auction company did not do enough to counter the sale of fakes on its website.

Last year the Belgian first instance court...



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