Tribune: eBay loses a battle against the brands

By three decisions of 3 May and after a few mistakes jurisprudence, the Commercial Chamber of the Supreme Court finally clarified the status of eBay.

Since the law of 21 June 2004 on confidence in the digital economy, two qualifications are available for some platforms online sales: the status of host or publisher.

The host, which simply store information on behalf of others, can not be held liable because of the activities carried on its website or the information stored therein, it is not aware of their unlawful.

Instead, the auction site online that plays an active role in achieving business transactions concluded via its website, must in turn, meet the injury caused by its activity.

Thus, the Supreme Court has recently confirmed the decision the Court of Appeal had considered that eBay had "not had a single hosting business" [...] but that she had played "an active role likely to confer knowledge or control of data [...] and to deprive the regime-liability "resulting from the host status.

The company eBay can now be held liable more easily under illicit transactions concluded via its website, and especially the resale of counterfeit products, or out of distribution networks.

Monitoring of these platforms (eBay, leboncoin, etc..), The Patent Attorney, is now a real need for trademark owners.

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