Louis Vuitton Malletier S.A. v. eBay Inc.
Paris Commercial Court
Case No. 2006077799 (2008)
Louis Vuitton Malletier S.A. (Louis Vuitton) (plaintiff) sold luxury goods internationally, including on online platforms. EBay Inc. (defendant) was the largest platform for the buying and selling of online goods. However, eBay did not sell goods itself. Rather, it acted as an intermediary for third parties to sell goods, although it did engage in the marketing and advertisement of these third-party sales. Louis Vuitton alleged that counterfeit versions of its own luxury goods were being sold on the eBay platform, causing damage to Louis Vuitton’s brand. Additionally, Louis Vuitton alleged that it had given eBay notice of these counterfeit goods as early as 1999, yet eBay had not taken sufficient action. In response, eBay contended that it had taken all possible action to prevent the sale of counterfeit goods and that it used a program called Vero to take down these sales as soon as possible.
Rule of Law
Holding and Reasoning (Geronimi, Homo, Burin des Roziers, J.J.)
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