InfoAnda - eBay not liable on trademark dispute: EU court

Pakistanis angry over detentions in Times Sq. case
Monday, May 24, 2010
ISLAMABAD – Relatives of three men detained by Pakistan for alleged links to the suspect in the attempted Times Square bombing say the men are innocent.
They

Taiwan denies boycotting Australian film festival
Thursday, August 6, 2009

AFP - Thursday, August 6TAIPEI (AFP) - - Taiwan's Beijing-friendly government on Wednesday denied boycotting an Australian film festival amid a row over the e

Merkel's support dips, regional ally resigns International
Thursday, September 3, 2009

By Sarah Marsh and Noah Barkin

BERLIN (Reuters) - Chancellor Angela Merkel suffered a double blow on Thursday as a senior party ally in east German

Minister seeks closure of anti-Berlusconi websites
Wednesday, December 16, 2009
ROME (AFP) - – The Italian government moved Tuesday to close down Internet sites encouraging further violence against Prime Minister Silvio Berlusconi, who

Asian markets mixed after Wall Street rally
Wednesday, March 18, 2009

By ELAINE KURTENBACH,AP Business Writer AP - Wednesday, March 18SHANGHAI - Asia's stock market rally seemed to be running out of steam Wednesday, despite an

Dell Q4 Profit Slips Despite 11 Percent Revenue Growth | 19 February 2010
West shifts policy on Zimbabwe | International | | 3 February 2009
West hits out at Iran over ban on atom inspectors | | 16 September 2010

Honda books record $3.15bn quarterly net profit | 30 July 2010

Forum Views () Forum Replies ()

Read more with google mobile : eBay not liable on trademark dispute: EU court

Yahoo! My Yahoo! Mail More Yahoo! Services Account Options New User? Sign Up Sign In Help Yahoo! Search web search Home Singapore Asia Pacific World Business Entertainment Sports Technology Weekend Edition eBay not liable on trademark dispute: EU court Reuters - 54 minutes ago Send IM Story Print LUXEMBOURG - Internet auction site eBay Inc is generally not liable for trademark infringements committed by users on its site, a European Court of Justice legal expert said on Thursday, ahead of a final court ruling. ECJ Advocate General Niilo Jaaskinen also said in a non-binding opinion that if eBay was notified of infringement of a trademark by a user who continued to repeat the offence, it could be held liable. He also found a trademark holder has the right to prevent the sale on electronic marketplaces of samples or testers marked "not for sale," or products which have had their packaging removed, if this damages its reputation. The ECJ, Europe's highest court, upholds opinions by advocates' general in the vast majority of cases. The court's judges are expected to rule in a few months. The issue relates to previous unsuccessful legal attempts by L'Oreal, the world's largest cosmetics maker, to claim trademark infringement through sales of goods on eBay. "The use of the disputed trademarks as keywords by eBay does not necessarily result in misleading the consumers as to the origin of the goods offered," the advocate general found in his written opinion. "In cases where the ad itself is not misleading as to the nature of the advertising Internet marketplace operator, the function of the trademark of indicating the origin of the product is not likely to be jeopardized." L'Oreal said it believed the Advocate General's opinion supported "combating counterfeit sales activity" online. "This balanced opinion is overall consistent with the stance that L'Oreal has held for several years," the cosmetics firm said in a statement, adding that it was awaiting the final court ruling with confidence. Jaaskinen found that if a seller uses a trademark on an Internet market website, such as eBay, it cannot be considered to be used by the marketplace operator, but by the seller. So the marketplace operator could not be blamed for any resulting problems caused to the trademark holder. One of L'Oreal's complaints was over the selling of samples or testers marked "not for sale." In such cases, Jaaskinen said, the company retained the right to prohibit their sale as they could not be considered to have been put on the market with approval. Jaaskinen also said a trademark holder could oppose the sale of unpackaged goods, if the removal of any packaging damaged its reputation or undermined its efforts to show the origin and quality of its goods. L'Oreal also had the right to protect its trademark if a website offered goods for sale in the European Economic Area that the company itself had not yet offered in the same market. In March, the ECJ found that Google Inc had not breached trade mark law by selling keywords to trigger ads, after luxury goods maker Louis Vuitton, part of LVMH, and two other firms said the practice undermined their brands. Jaaskinen said eBay was also entitled to such protection, even though it instructs its clients in drafting advertisements and monitoring the contents of listings. And while it is generally exempted from liability for information stored by its clients on its website, "it still remains liable for the content of data it communicates as an advertiser to a search engine operator." EBay said it was encouraged by Jaaskinen's findings. "Despite the complexity of the issues and the preliminary nature of the advocate general's opinion, we are encouraged that the final judgment will reinforce European consumers' freedom to buy and sell authentic goods online," the Internet marketplace company said in a statement. Recommend Send IM Story Print Related Articles Dell offers nearly $1 billion to buy Compellent Reuters - 40 minutes ago US-TECH Summary Reuters - 41 minutes ago eBay not liable on trademark dispute: EU court Reuters - 54 minutes ago Howard Stern in five-year deal with Sirius Reuters - 2 hours 21 minutes ago Google's Android closing gap on Nokia's Symbian Reuters - 2 hours 48 minutes ago News Search Top Stories BAE Systems to cut nearly 1,400 jobs in Britain EU joins IMF on easing Greek repayment deadline Credit agency Fitch slashes Ireland ratings German inflation hits two-year high at 1.5% Soul legend Aretha Franklin has cancer: reports More Top Stories » Related Full Coverage Internet Portals & Search EnginesLatest development in the online world All Full Coverage » ADVERTISEMENT Most Popular Most Viewed Most Recommended Retired French electrician says heir to second Picasso trove Elizabeth Edwards dies of cancer Europe freezes as fresh snow causes travel chaos Study links receipts, cash to cancer and obesity NASA, SpaceX giddy over historic orbit launch More Most Viewed » NASA finds new form of life... on Earth World leaders scramble for funds to save the tiger US, S.Korea plan war games after N.Korean attack Defiant Obama defends tax cuts, eyes 2012 More Most Recommended » Elsewhere on Yahoo! Financial news on Yahoo! Finance Stars and latest movies Best travel destinations More on Yahoo! News Home Singapore Asia Pacific World Business Entertainment Sports Technology Weekend Edition Subscribe to our news feeds Top StoriesMy Yahoo!RSS » More news feeds | What are news feeds? Also on Yahoo! Answers Groups Mail Messenger Mobile Travel Finance Movies Sports Games » All Yahoo! Services Site Highlights Singapore Full Coverage Most Popular Entertainment Photos Yahoo! News Network Copyright © 2010 Yahoo! Southeast Asia Pte. Ltd. (Co. Reg. No. 199700735D). All Rights Reserved. Terms of Service | Privacy Policy | Community | Intellectual Property Rights Policy | Help

Other News on Thursday, 9 December 2010
Ireland's over-optimism helped spark crisis: PM
Palestinians doubt U.S. will help them get state
Electronic payments crowd out checks in US: Fed
News
Eurogroup head attacks 'un-European' Germany
Retired French electrician says heir to second Picasso trove
Hackers launch cyber attacks after WikiLeaks' funding cut
Three Latvians kidnapped in Darfur freed: WFP |
Eurogroup head attacks 'un-European' Germany
Intel has 35 tablet wins, buys back shares
Successful launch for US company's space capsule
Taliban video shows US soldier held in Afghanistan
First private space capsule launches from US
PayPal says cut WikiLeaks account because of US position
US-TECH Summary
Haiti protests erupt after disputed polls
Handover to Afghan troops will start in few months
Mexican children learn to take cover in drug war |
Youku, Dangdang shares soar in debut
Japanese social media firm DeNA under antitrust probe
German teen hacker apologises to Lady Gaga: report
Online holiday spending crosses $17.5 billion: comScore
Private rocket with test capsule for NASA in orbit
Two trains collide in Bangladesh, at least 7 dead: police
Thailand likely to end emergency rule by New Year: PM
EU slaps huge fine on South Korea, Taiwan LCD cartel
China ducking responsibility on N.Korea: US Admiral
India raids ex-minister's homes in telecoms probe
From WikiLeaks to #ukuncut, Twitter gets political |
Iranian movie on U.S. in Iraq entered for Oscars
Leg-spinner Warne 'flattered' by comeback calls
As jurors go online, U.S. trials go off track |
Attack on MasterCard site a grass-roots effort |
Intel has 35 tablet wins, buys back shares |
Chinese firms all the rage on Wall Street
Online holiday spending crosses $17.5 billion: comScore |
EU slaps huge fine on South Korea, Taiwan LCD cartel
Private firm launches, lands space capsule for NASA |
Morgan Stanley cleared to sell Chinese bank stake
AirAsia to launch Philippine joint venture
Pakistani stocks end on 29-mth high; rupee weakens
Kazakhstan, Kyrgyzstan in landmark power deal
I'm not a lesbian says tearful Oprah Winfrey |
Aretha Franklin reported to have pancreatic cancer |
Oprah feared launching OWN network |
Gates declares Afghan war strategy is working
Britain's coalition gov't faces major tuition test
High hopes, hard realities for India's 35-dlr computer
China, North Korea reach consensus over crisis: report |
Europe freezes as fresh snow causes travel chaos
WikiLeaks backers hit MasterCard and Visa in cyberstrike
Snow shuts Eiffel Tower, Paris Charles de Gaulle airport
Private space capsule splash lands in Pacific: NASA
WikiLeaks' opponents in sights of 'Anonymous' hackers
French trial of Pinochet officials opens
Canada and U.S. to sign border, security deal: report |
U.N. climate talks seek to avert damaging failure |
'Facebook sting' nets US Muslim in car bomb case
China says will not give in to pressure on Nobel winner |
Nintendo needs some magic to spur growth
Suspected Mexican drug lord on teachers' payroll |
Google says shut out of USDA cloud computing deal
Chile's worst prison fire kills 81 inmates |
Netflix in Starz talks, says deal not essential
Poland not ready to push Russia "reset" button
U.N. council backs Ouattara in Ivory Coast election |
Thai ruling party survives ban threat
Palestinians doubt U.S. will help them get state |
Police link 'bicycle thief' to Hollywood PR killing
Anger as Philippines says will skip Nobel ceremony
China's top diplomat meets North Korea's Kim |
China's top diplomat meets North Korea's Kim
Taiwan confirms mass producing cruise missiles
New traffic rules drive car sales in Beijing
Figure skater Takahashi leads Japan charge at GP Final
World's oldest piano maker tunes in to furniture design
Three endangered elephants found dead in Indonesia
Iraq zooms ahead with new driving permits
US Admiral promotes defence ties with S.Korea-Japan
US-ENTERTAINMENT Summary
"Rabbit Hole" shoot a harrowing time for Kidman
Australian minister 'not a spy' for US: colleagues
"The Tourist" faces box office struggle
China, North Korea reach consensus over crisis-Xinhua
HBO snubs "True Blood" creator's new project
Disney's "Millionaire" appeal faces setback
China's property bubble getting worse: state media
Police link 'bicycle thief' to Hollywood PR killing
Aussie golliwog dolls banned for Oprah visit: report
HIV actor lashes porn industry, demands condoms
China drinks maker wins legal battle with PepsiCo
AIG shortlists two bidders for Taiwan unit: report
Seoul shares at 3-year closing high on techs and banks
WikiLeaks backers hit MasterCard and Visa in cyberstrike |
S.Korea c.bank holds rates but still in tightening mode
Pakistan
Taiwan sells 10-year govt bonds at 1.471 pct
Japan's Toyota Tsusho in India rare earths plan
Japan growth revised higher, risks ahead: analysts
New York fans recall Lennon 30 years after murder |
Black Eyed Peas album a flop at No. 6 on chart |
New Narnia film stirs religious controversy |
Disney's Millionaire appeal faces setback |
Rabbit Hole shoot a harrowing time for Kidman |
HBO snubs True Blood creator's new project |
Russell Brand takes sobriety to new level in Tempest |
Seth Meyers key speaker at White House press dinner |
Israel seeks cash and amnesty rapprochement with Turks
eBay not liable on trademark dispute: EU court
Israel launches strikes, warns on Gaza
Credit agency Fitch slashes Ireland ratings
WikiLeaks supporters vow to step up cyber attacks |
Toshiba says chip plant halted by power outage
BAE Systems to cut nearly 1,400 jobs in Britain
UK parliament to vote on divisive student fees rise |
NATO service member killed in southern Afghanistan
WikiLeaks followers target Swedish govt: report
German inflation hits two-year high at 1.5%
Soul legend Aretha Franklin has cancer: reports
Israel launches strikes, warns on Gaza |
Cyber group says WikiLeaks attacks to grow
Businesses seek refuge from drug war in Mexico City |
Upbeat UN climate talks work on hiccups
Analysis: Wikileaks battle: a new amateur face of cyber war?
Kenya old guard slow reform, risk strife: U.S. cable |
Pressure mounts on states boycotting Nobel ceremony
Japan man loses appeal over death of UK hostess
India says solution to ending Kashmir protests in sight |
Foreign media websites apparently blocked in China
China, North Korea stand fast despite US anger
Dutch want Catholic Church to address abuse cases |
Thai football fans pour frustrations online
China, North Korea tout 'consensus' amid US anger
N.Korea's Kim meets top China official in Pyongyang
Top Palestinian officials head to Washington
S.Korea plans to turn ruins of shelling into park
Leaked US cable says China has 'no morals' in Africa
Pressure mounts over Nobel boycott
Howard Stern in 5-year deal with Sirius XM |
Soul legend Aretha Franklin has cancer: reports
Analysis: WikiLeaks battle: a new amateur face of cyber war? |
One in four worldwide pays bribes: study
Stores and shoppers turn to holiday online wish lists |
Pakistani stocks end lower; rupee, o/n rates flat
Pakistan's forex reserves ease to $16.39 billion
Google's Android closing gap on Nokia's Symbian |
S.Korea sukuk tax bill not approved by lawmakers -official
EBay not liable on trademark dispute: EU court |
Toshiba: chip plant outage could slash shipments
Cyber group says WikiLeaks attacks to grow |
China video site Youku soars on Wall Street debut
OGDCL submits joint bid for BP Pakistan assets
Dell offers nearly $1 billion to buy Compellent |
Bayer's investment expansion plans in China
A Minute With: Angelina Jolie, femme fatale and busy Mom |
Carrie Fisher brings Wishful Drinking to TV |
Aretha Franklin reported to have pancreatic cancer |
I'm not a lesbian says tearful Oprah Winfrey |
Howard Stern in 5-year deal with Sirius XM |
Greece at new risk of being pushed off euro
Bodies of missing Tenn. mom, Jo Ann Bain, and daughter found
Female Breasts Are Bigger Than Ever
AMD Trinity Accelerated Processing Units Now in Volume Production
The Avengers (2012 film), made the second biggest opening- and single-day gross of all-time
AMD to Start Production of piledriver
Ivy Bridge Quad-Core, Four-Thread Desktop CPUs
Islamists Protest Lady Gaga's Concert in Indonesia
Japan Successfully Broadcasts an 8K Signal Over the Air
ECB boosts loans to 1 trillion Euro to stop credit crunch
Egypt : Mohammed Morsi won with 52 percent
What do you call 100,000 Frenchmen with their hands up
AMD Launches AMD Embedded R-Series APU Platform
Fed Should not Ignore Emerging Market Crisis
Fed casts shadow over India, emerging markets
Why are Chinese tourists so rude? A few insights

USD EUR - 1 year graph	VPN on MacOSX	BlogMeter 1.01