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Reports of Patent, Design and Trade Mark Cases Advance Access originally published online on September 25, 2009
Reports of Patent, Design and Trade Mark Cases 2009 126(11-12):693-794; doi:10.1093/rpc/rcp030
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© Crown Copyright

[2009] R.P.C. 21

L’Oréal SA v eBay International AG

High Court of Justice (Chancery Division)

(Arnold J.): 9-12, 18 and 19 March, and 22 May 2009

[2009] EWHC 1094, [2009] R.P.C. 21

Trade mark—Infringement—Goods sold on eBay—Counterfeits—Parallel imports—Not for sale demonstration samples—Whether trade mark proprietor had realised economic value of goods—Whether sale of unboxed cosmetics damaging to reputation of mark—Whether illegal sale of unboxed products a legitimate reason to oppose further commercialisation of products—Whether eBay jointly liable for infringements by sellers—Whether eBay liable as primary infringer for use on its websites of the trade marks in relation to infringing goods—Use in sponsored links—Whether "use" by eBay—Whether "use in relation to" goods—Whether use within United Kingdom—Whether websites targeted UK customers—Whether "hosting" defence under E-Commerce Directive available—Reference of questions to European Court of Justice


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