Jonathan Cohen unravels some of the complexities of trade mark infringement under European law
The increasing popularity of buying and selling goods through internet auction houses recently posed a fascinating question for the High Court: to what extent can an online auction house be liable for the activities of those who use its services to infringe trade marks?
Mr Justice Arnold heard (1) L’Oréal SA, (2) Lancõme Parfums et Beaute & Cie, Laboratoire Garnier & Cie (4) L’Oreal (UK) Ltd v E Bay International AG & 9 Others [2009] EWHN 1094 (Ch). His extensive analysis of the complexities of trade mark infringement under European law, of the nature of what can constitute accessory liability at common law and of what remedies for any such liabilities could be available in the High Court, provide an extremely helpful insight to practitioners. All the more so because the applications of this judgment will extend beyond the realm of the internet. But even then Arnold J was required to make references to the European court for clarification on four
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