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03/02/2020 CURIA - Documents * Language of the case: English. curia.europa.eu/juris/document/document.jsf?text=&docid=107261&pageIndex=0&doclang=EN&mode=lst&dir=&occ=ﬁrst&part=1&cid=1392992 15/15

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L’Oréal SA v. eBay International AG

Case Law

Country

United Kingdom

Country Location

Latitude: 52.32950805122076

Longitude: -1.4047851562500706

Country Location (linked Case Law): United Kingdom

Decision Date: Jul 12, 2011

Case Status: Closed

Case Outcome (Procedural)

Motion Granted

Case Outcome (Disposition)

Advisory Opinion/Preliminary Ruling

Keywords

Advertising
Intellectual Property
Internet Service Providers
Privacy
Search Engines
Trademark

Judicial Body: First Instance Court

Court Name: UK Chancery Division of the High Court of Justice

Case Number: C-324/09

Case Summary: L'Oréal, a French cosmetics company, is the proprietor of several national trademarks in the UK, as well as community trademarks within the European Union. After a widespread trademark infringement occurring on eBay, the company brought infringement actions against the online marketplace, its European subsidiaries, and individual defendants who had sold several counterfeit items resembling brand names associated with L'Oréal. Among other claims, L'Oréal argued that eBay was liable for the use of its trademarks by displaying them on the website and on the advertising sponsored links provided by Internet search engines, such as Google. In 2009, the UK Chancery Division of the High Court of Justice stayed the proceedings pending a preliminary ruling by the European Court of Justice in light of the applicable EU directives. Relevant to eBay, the Court held that a trademark proprietor is entitled under EU Directive 89/104 and Regulation 40/94 to prevent the operator of an online marketplace from advertising its goods without consent which were targeted at consumers in the EU. The Court also ruled that eBay may not be exempt from liability provided under Article 14(1) of Directive 2000/31 when it plays an active role in the sale of goods by optimizing the presentation of the offers or promoting them.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Source URL: Columbia Global Freedom of Expression

Collection

CIPIT

Date Updated: May 11, 2024

Primary Documents

L'Oreal.pdf
English
Download View

CYRILLA: Global Digital Rights Law

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L’Oréal SA v. eBay International AG

Primary Documents

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