In a decision handed down by the Court of appeal of Reims (France) on 22 July 2010, eBay France was held liable for sale of counterfeit Hermes products by its users. The Court reasoned that eBay France was liable as a “publisher of online brokering services” that exceeded “purely technological, automatic and passive [site host] services”. As a publisher, the Court concluded, eBay did not fulfill its obligation to ensure the site was not used for unlawful sale of counterfeit products.
In a decision handed down by the Court of appeal of Reims (France) on 22 July 2010, eBay France was held liable for sale of counterfeit Hermes products by its users. The Court reasoned that eBay France was liable as a “publisher of online brokering services” that exceeded “purely technological, automatic and passive [site host] services”. As a publisher, the Court concluded, eBay did not fulfill its obligation to ensure the site was not used for unlawful sale of counterfeit products.
Our French friends can read the decision here:
