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

As firms expand into integrated IP services, recent hires show the model's appeal – but high-profile departures reveal how quickly questions of depth and durability can emerge
In-house counsel say private practice firms either aren’t conveying sustainability messaging or simply ‘don’t care’, but a mindful approach to the topic could swing pitches
With patent filings stagnant, fewer clients litigating and market consolidation at play, Canadian firms are considering how to challenge the established players
IPH’s strategy of integrating acquired businesses into its larger premium brands, may offer an early signal of how externally funded IP firms will pursue scale, efficiency and market strength
After bringing on board three new partners, the recently merged firm has its eyes on breaking into the top-flight of firms for patent disputes and ITC litigation
While the US and the UK remain the biggest markets for representation of women, their lead has narrowed
Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Gift this article