Court of Justice Statement: Advocate General’s Opinion in Case C 324/09 L'Oréal and others v eBay
( December 9, 2010, 09:18 GMT | Official Statement) -- MLex Summary: An Advocate General for the EU’s highest instance has suggested eBay should not be held liable when users of the site breach a brand’s trademark. However, should eBay not act upon complaints flagging infringements, the marketplace may accrue responsibility for rogue users. The AG also said that eBay’s involvement in the preparation of the clients' listings should not withdraw the liability protection granted to businesses storing information. The opinion is not binding on the court.The court's press release follows below. The full opinion can be found here.
Advocate General Jääskinen considers that eBay is generally not liable for trade mark infringements committed by its users on its electronic marketplace...
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