Why the latest eBay ruling has an upside for IP owners
14 May 2012
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Emma Barraclough, London
France’s highest court has ruled in the latest round of a battle between online auction site eBay and luxury goods company LVMH
The ruling could result in a smaller fine for eBay – but it does offer some hope to brand owners to want to sue internet platforms.
The Paris-based Fashion house has fought a number of battles with eBay over sales of both fake and real goods on its website. In 2008, the Tribunal de Commerce ordered eBay to pay LVMH €38.5million (then $49.6million), but the sum was reduced to €5.7million ($7.3million) in 2010 by the Paris Court of Appeals.
On May 3, the Cour de cassation, the commercial court within the French Supreme Court, ruled that the lower court had been right to decide eBay’s liability in respect of sales of goods through its French and British websites, but had not...
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