Advertentiesites as eBay are, under certain circumstances, be held liable for infringements of the intellectual property and judges in member states can demand that they take measures to prevent further breach to prevent, vonnist the European Court of Justice.
The Court of Justice of the EU ruled in the lawsuit that l’oreal against eBay was filed. In may 2009, the case was referred to the European court. This happened after the French parfumfabrikant the court in the United Kingdom had asked it to eBay liable for copyright infringement of users. The Court now has clarity about that liability.
The holder of a trademark may oppose internet advertising of fakes as these are actually ‘in the economic traffic” to be traded and not if privéactiviteit be offered. The sites on which the trade takes place, are then liable if the users in the ads difficult to know whether the products originate from the trademark owner.
It is providers therefore prohibited to create the impression that they have a link with the manufacturer and to products to trade, that without the consent of the trademark owner in the EU market, finds that ict-lawyer Arnoud Engelfriet. The sites must have played an active part, which means that they are ads, for example, have promoted.
Also if they have no active role, but knew that advertentieaanbieders had to determine that they are infringing articles sold, are the sites liable. In that case, the court may, in a member state of the sites not only require to remove the ads, but also in ‘order that the providers of online services to take measures to make future breaches of the intellectual property.