A French court has ruled that eBay is not liable for counterfeit L’Oreal products sold on the site, mirroring a Belgian court’s decision last August.
eBay do enough by “putting in place means to fight counterfeits on its online platform, has fulfilled its obligation in good- faith” and the judge went on to say “The court considers that preventing counterfeits will only be effective through a close collaboration between rights holders and eBay”
I guess it’s time for L’Oreal to sit down with eBay and work out how to allow their products to be sold on the site whilst getting to grips with the VeRO program to remove counterfeit products whilst leaving genuine items available for sale.
Edited to add…
“This is a clear legal victory for eBay and an important victory for consumers. We are delighted that eBay’s meaningful efforts to fight counterfeits online have been recognised by the court. Today, 99% of all items listed on eBay are genuine products and we continue to work hard to ensure eBay is a safe and trusted place to shop.
We are also delighted that our status as an internet hosting provider has been acknowledged, and we welcome the invitation to resolve the outstanding matters in an amicable way; we have always believed that cooperation is the best way to fight counterfeits. Ongoing dialogue and collaboration, rather than litigation, is the only way to effectively identify and remove any counterfeit items which do appear on our site.”
– Richard Ambrose, Head of Trust and Safety for eBay UK and Ireland