L’Oreal Loses to eBay, Again


L’Oréal has been taking eBay to court across the globe in an attempt to eliminate trademark infringement and the sale of counterfeit products on eBay. And while their cases have brought a lot of attention to the issues, victories for L’Oréal have not followed suit.

Rather, as reported by WWD, the U.K. High Court ruled on Friday that eBay is not liable for trademark infringements committed by sellers using its site. While the judge did suggest 10 steps that eBay could take to counteract the sale of counterfeit goods – including filtering listings before they’re posted and more effectively detecting listings for unboxed products, testers and not-for-sale items – he ultimately ruled in favor of the online auctioneer.

This decision mirrors that passed down in France on May 13 when the Paris High Court ruled that eBay is not accountable for the sale of counterfeit L’Oréal products on the French site. A court in Belgium similarly found in favor of eBay in 2008, although L’Oréal has since appealed the decision, which will be heard before the Court of Appeals in Brussels in 2010.