L’Oréal and eBay settle dispute over online fakes

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

L’Oréal and eBay settle dispute over online fakes

Seven years after L’Oréal sued eBay for not doing enough to counter the sale of fakes on its website, the two companies have settled their litigation, declaring that “cooperation, rather than litigation”, is the way forward in the fight against fakes

The terms of the deal are confidential but in a joint statement L’Oréal said it acknowledges eBay’s commitment in the fight against intellectual property infringement.

L’Oréal filed lawsuits against eBay in France, Belgium, the UK and Spain in 2007. In 2008 the Belgian first instance court dismissed L’Oréal’s claims. One year later, 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 told the two parties to discuss their dispute with a mediator.

The case filed in the UK was ultimately referred to Europe’s highest court, which in 2011 addressed the liability of internet service providers for counterfeit goods sold online; the legality of sales of goods from outside the EU; and the legitimacy of keyword advertising.

The Court’s ruling said that the operator of an online marketplace cannot be exempted from liability for infringement when it “plays an active role” giving it knowledge of or control over data relating to offers for sale.

At the time, Stefan Krawczyk, senior director and counsel government relations, eBay Europe, told Managing IP that it is still up to the national courts to decide facts. “That still probably leaves 27 or more different interpretations,” he added. “The national court will again come into play: is it proportionate? Does it affect legitimate trade? Judgments will be made in national contexts.”

more from across site and SHARED ros bottom lb

More from across our site

VO, which has offices in the Netherlands, Belgium and Germany, is the second European IP firm to secure external backing this week
The Bardehle Pagenberg attorneys-at-law discuss the firm’s Managing IP EMEA Awards 2026 success, Unified Patent Court litigation strategy, and evolving European patent trends
A patent battle between two legal tech companies and a loss for Elon Musk’s xAI against OpenAI were also among the top talking points
With drug prices a hot topic in the US, courts are seemingly more reluctant to prevent the entry of generics to the market
Academic Eden Sarid joins us during Pride Month to discuss queer expression and IP law, Patagonia v Pattie Gonia, and how queer and AI-generated creations both pose novelty concerns
Patent attorney Michael Henson joins the firm to lead its freshly launched blockchain and digital assets practice
A dispute over mammogram technology, and a development in the case between GSK and Moderna were also among the top talking points in recent weeks
With rankings for Western Europe set to be published on June 25, we sat down with our research lead to find out what practitioners and law firms can expect
Peter O’Sullivan, a professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Gift this article