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L'Oréal SA v. eBay International AG

Case C-324/09 (2011)

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L'Oréal SA v. eBay International AG

European Union Court of Justice
Case C-324/09 (2011)

Facts

L’Oréal SA (plaintiff) manufactured perfumes and cosmetic goods, which were sold through a network of authorized distributors in various parts of the world. eBay operated an online marketplace enabling users to purchase items through auction bidding or at set prices. L’Oréal SA and subsidiaries Lancôme parfums et beauteé & Cie SNC, Laboratoire Garnier & Cie, and L’Oréal (UK) Ltd (collectively, L’Oréal) brought a trademark-infringement suit against eBay International AG, eBay Europe SARL, and eBay (UK) Ltd (collectively, eBay) (defendants), as well as various individual UK-based sellers, in the England and Wales High Court of Justice. L’Oréal alleged that eBay was not taking sufficient measures to prevent infringing sales of L’Oréal items—including counterfeits, items not intended for sale, and items intended for sales in North America—and that eBay had itself infringed L’Oréal trademarks by displaying the marks on the UK eBay site and using the marks as keywords in sponsored ads that linked to the site. The High Court referred the matter to the European Union Court of Justice for a preliminary ruling.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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