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Edition: U.S. Article Comments (0) Email Print Reprints Technology Howard Stern strikes five-year deal with Sirius EBay not liable on trademark dispute: EU court Google's Android closing gap on Nokia's Symbian Intel says tablets and phones on the way in 2011 Chrome PC: Is it a netbook or a notebook? 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NASDAQ delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here. U.N. Climate Change Conference Ban urges climate deal, short of perfect Saying the health of the planet is at stake, U.N. Secretary-General Ban Ki-moon urged nations meeting in Mexico to agree to steps to fight climate change that fall short of a perfect deal. Full Article World Bank chief to launch carbon market fund Analysis: Mexico hailed, others blamed if talks fail? Melting glaciers threaten floods in Himalayas, Andes A comparison of Cancun, Copenhagen meetings More Green Business news EBay not liable on trademark dispute: EU court Tweet This Share on LinkedIn Share on Facebook LUXEMBOURG (Reuters) - 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... Related News EU court opinion: eBay not liable on trademark dispute 4:20am EST EU launches Google investigation after complaints Tue, Nov 30 2010 Supreme Court rejects Tiffany trademark appeal vs eBay Mon, Nov 29 2010 ANALYSIS-Chinese Internet firms innovate behind Great Firewall Tue, Nov 16 2010 Google urges U.S. to treat Internet curbs as trade threat Mon, Nov 15 2010 Related Topics Technology » Media » Stocks A pedestrian walks at the headquarters of eBay in San Jose, California February 25, 2010. Credit: Reuters/Robert Galbraith LUXEMBOURG | Thu Dec 9, 2010 10:09am EST LUXEMBOURG (Reuters) - 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." 1 2 Next Technology Media We welcome comments that advance the story directly or with relevant tangential information. We try to block comments that use offensive language, all capital letters or appear to be spam, and we review comments frequently to ensure they meet our standards. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. Comments (0) Be the first to comment on reuters.com. Add yours using the box above. 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