Top EU Legal Adviser Says eBay Not Liable for Trademark Violations

摘要

The European Union's top legal adviser declared in a December 9 opinion that eBay should not "generally" be held liable for trademark violations committed by users of its online auction service, although it could be culpable if it does not take action against repeated abuses of a company's intellectual property right. In Case C-324/09, triggered by a complaint filed by French cosmetic company L'Oreal, the EU Advocate General Niilo Jaaskinen's legal opinion followed the logic outlined in a previous ECJ ruling concerning Google. The EU Advocate General's opinion is not legally binding but in 80% of all Court of Justice cases it is followed by the EU high court.