(1) L'Oreal SA (2) Lancome Parfums et Beaute & Cie (3) Laboratoire Gamier & Cie (4) L'Oreal (UK) Ltd v (1) eBay International Ag (2) eBay Europe SARL (3) eBay (UK) Ltd (4) Stephen Potts (5) Tracy Ratchford (6) Marie Ormsby (7) James Clarke (8) Joanna Clarke (9) Glen Fox (10) Rukhsana Bi

摘要

The essential questions were:rn(1) whether eBay Europe were liable for trademark infringements carried out by their users; andrn(2) whether eBay Europe themselves committed infringements by using trademarks in relation to infringing goods.rnThis was a test case brought by L'Oreal, one of a number around Europe, including L'Oreal SA v eBay France SA, Case RG 07/11365 in which the Tribunal de Grande Instance in Paris gave judgment on 13 May 2009. Other brand owners had brought similar claims against eBay Europe and other providers. L'Oreal had settled with the fourth to eighth defendants and had obtained judgment against the ninth and tenth.