The UK courts are to ask the European Court of Justice to address the liability of online auction houses such as eBay for the sale of trade mark-infringing goods.
In a ruling on Friday, Mr Justice Arnold said he would refer questions to the ECJ on the interpretation of the Trade Marks Directive, the E-Commerce Directive and the Enforcement Directive in a case between eBay and L’Oreal.
Arnold said he would hold a further hearing where the parties could suggest what the questions should be.
The dispute concerns eBay’s liability for unauthorised goods sold on its site. L’Oreal had identified 17 cases of unauthorised sales by six individuals for the purposes of the case.
Source: ManagingIP
