Legal Commentary

eBay not liable for fakes in France

By David Canton

Several sources are reporting that a French court refused to hold eBay responsible for counterfeit L’Oreal products sold on its site.  That is contrary to earlier French cases - but consistent with the North American position.

eBay does suspend sales of counterfeit goods when advised of them by the rightful manufacturer, but it does not pre-screen or otherwise take steps to ensure everything sold on its site is legitimate.

In my view, this is how it should be.  While I do have sympathy for brand owners, eBay and others like it are intermediaries.   They are no different in that regard than a phone company - and no one would think of making phone companies liable or responsible for policing illegal activity occuring during phone conversations.

Making intermediaries like on-line auction sites or job posting sites responsible for policing all the activity between the people they bring together just isn’t practical.

Full post as published by eLegal Canton on May 15, 2009 (boomark / email).