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Legal Briefing
L'Oreal v eBay – The Attorney General's opinion
Practice Area: Trademarks
Sector: Business services
Jurisdiction: European Union
Published: 14 December 2010
Law Firm: Herbert Smith
Overview
The Opinion of the Attorney General (AG) on the case L'Oreal v eBay was released this month.
The AG suggested that eBay was not liable for the trade mark infringements of the users of its website in the first instance, but that if it had been notified of the infringing use and if the use continues or is repeated then eBay would be liable The use by eBay of keywords in misleading sponsored links could also trigger liability.
This briefing from UK law firm Herbert Smith has the details.
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