The sale of counterfeit products on eBay is not at all liked by the European Union, which, with a warning, cautions the web giant: be careful not to cross into serious crimes.
The idea comes from the legal battle between L’Oreal and eBay: the European Union – through the Court of Justice – has formally expressed itself towards the largest online buying, selling, and auction platform regarding the sale of counterfeit products.
Although direct responsibility cannot be attributed to eBay for the appearance of listings and auctions focused on selling counterfeit material that copies the creations of major brands, the EU points the finger at the system offered by eBay to more prominently advertise the listings themselves.
In practice, the European Court of Justice warns about a potential active role on the part of eBay, since it provides paid tools to publicize offers, offers assistance, and has access to data: in this case, eBay would become an accomplice to the crime of counterfeiting and trademark abuse because it is aware of what is happening on the platform.
There would be no responsibility, however, in the case of the usual appearance of sales listings, therefore simple display. Unless the legitimate brand owners request the removal of those listings and eBay refuses or ignores this request.
This is the summary of what the European Court of Justice wished to clarify, based on the outcome of the judicial proceeding initiated by L’Oreal. The cosmetics company in 2007 in fact sued eBay for not having prevented the sale of fake perfumes and samples, testers or products not intended for sale outright, and for sale in some specific states of the European Union in particular.
Hence the broader reflection on eBay’s responsibilities which, although it cannot monitor the huge number of posted listings, in the Court’s opinion should avoid highlighting “incriminated” or counterfeit-risk auctions and sales, while at the same time trying to verify the listings more carefully.
The issue is far from closed: is it right to hold responsible those who offer a space, a “virtual stall”? While speaking of an “active role,” to what extent can this player be considered to “push” listings and manage the data even of those who do not comply with the rules and sell counterfeit products?
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