EBay, the most-visited U.S. e-commerce site, is liable for trademark breaches due to its active involvement in the pre- sale, sale and after-sale processes on its online platform, lawyers for L’Oreal told the European Court of Justice today. EBay uses L’Oreal trademarks as sponsored links to lead users to infringing perfumes and other cosmetics, according to L’Oreal.

— From EBay Liable for Leading Users to Fakes, L'Oreal Says at Bloomberg, with thanks to Emily for the link! For more background, see here and here.

France’s luxury goods industry won a new victory in its battle with eBay yesterday when the online auctioneer was fined €1.7 million (£1.55 million) for breaching an injunction banning the sale of perfumes and beauty products made by LVMH.

— Read more at LVMH enjoys sweet smell of victory against eBay at the UK Times Online. The other side, according to eBay…

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A French court on Friday ordered online auction site eBay to pay 80,000 euros (118,000 dollars) to Louis Vuitton for selling fake luxury perfumes, LVMH said.

"The court found that in using key words from certain LVMH brands, eBay had commited several acts of counterfeiting," LVMH said in a statement.

— Read more at EBay fined again for selling fake Louis Vuitton goods online at France 24.

A British court ruled Friday that Internet marketplace eBay is not liable for bogus beauty products sold on its Web site, dealing a blow to cosmetics company L'Oreal's legal campaign against the online auction giant.

— Read more at EBay wins court fight against L'Oreal in UK at The Guardian. Ebay won a similar case in France earlier this month.

A French court on Wednesday rejected a claim from the cosmetics company L’Oréal that the online auctioneer eBay was profiting from sales of counterfeit perfumes. The court said that eBay was making a reasonable effort to keep fake goods off its site.

— From French Court Clears eBay in Selling Fake Goods at the New York Times.

The decision reaffirmed eBay's argument that trademark holders such as Tiffany & Co., which sued four years ago, are responsible for policing the online marketplace for fake products, not eBay.

New York District Judge Richard Sullivan said eBay's isn't liable simply because it is generally aware that counterfeit goods are being sold on its Web site.

— From a case that was about jewelry, not perfume, but that is still of interest to anyone who has been watching the LVMH vs. eBay case in France (see part 1, part 2, part 3). Tiffany plans to appeal the US decision; read more at EBay wins counterfeit suit brought by Tiffany at the San Francisco Chronicle.

The French Court of Appeals today denied eBay’s petition to stay an injunction issued June 30 by a Parisian court that requires eBay to halt all sales of four LVMH perfumes [Kenzo, Guerlain, Dior, Givenchy] over any site worldwide that is accessible from France, according to an eBay spokesperson.

[...] The lower court’s order bans not just sales of counterfeits, but sales of genuine bottles of these perfumes [...] According to lawyers for both sides, the injunction even forbids individuals from reselling genuine LVMH products that they received as gifts.

— Read more at Fortune Magazine's Legal Pad blog. And if you missed them, see part 1 and part 2.

The court cited a need for sales expertise of luxury products at authorized retailers. You know, the men and women who are the "perfume spritzers," in department stores, who clamor to spray your wrist if you let them. They have a tough and obnoxious job, but according to the French Tribunal de Commerce, they are specifically trained and skilled at what they do. More believable was the need to protect a brand in a specific sales venue.

— Read commentary on yesterday's eBay ruling in the French courts at EBay ruling in France reeks of protectionism, at Market Watch.

A French court on Monday ordered online auctioneer eBay to pay nearly 40 million euros in damages to Louis Vuitton for selling fake luxury goods, in a ruling cheered as a victory for copyright protection.

The Paris commercial court ruled in favour of six LVMH brands and also barred eBay from selling four perfumes -- Christian Dior, Kenzo, Givenchy and Guerlain -- on its websites.

— From eBay fined for selling fake Louis Vuitton goods online. As most of you know, perfume decants disappeared from eBay a little over a year ago; it will be interesting to see what happens next.

Floris London is auctioning off “the last 60 bottles available in the US of their exclusive and prestigious No. 89 men’s fragrance”. 25% of the proceeds will be donated to the Susan G. Komen foundation…

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