Volume 30 (2009) / Issue 10
The issue of the online brokers’ liability in the event of the sale of counterfeit products via their platforms highlights the difficulty to find effective means to fight against counterfeiting on the net. The variety of solutions offered by the various European and American jurisdictions reflects this situation. Although the latest developments, albeit more pragmatic, still appear to be fragile, it seems that we may be moving towards a favourable compromise between the divergent interests of online brokers and trademark owners. This article first looks at the legal classification for eBay’s business activities by the courts in Continental Europe before analysing the absence of eBay’s liability due to the sale of products on its website and finally commenting on the current state of the law.
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