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eBay not liable for online counterfeits, says court adviser

James Nurton, London

Ebay is not generally liable for trade mark infringements committed by its users, but can be held liable where there are persistent infringers

This was the conclusion of Advocate General Niilo Jääskinen in a detailed opinion published yesterday, which addressed 10 questions from the High Court in London in a dispute between eBay and L'Oréal.

The questions referred concerned issues including the status...

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