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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
back-to-top-scroll