header-logo header-logo

10 July 2009 / Jonathan Cohen
Issue: 7377 / Categories: Features , Commercial
printer mail-detail

Going, going, gone?

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll