Is it Infringement of Trade Mark Law for the Operator of an Online Marketplace (Such as Ebay) to Allow Counterfeit Goods to Be Sold?

18 Pages Posted: 1 Apr 2011

See all articles by Vinayak Kisan Aher

Vinayak Kisan Aher

affiliation not provided to SSRN; FIRM 81, Advocates & Legal Consultants

Date Written: September 27, 2010

Abstract

As commercial transactions on cyberspace include no face to face interaction and no physical inspection of products which ultimately leads to various problems and fostering of illegal activities like counterfeiting. In past few years, brand owners have declared war against such cyber marketplaces, particularly eBay, for infringement of trademark by allowing counterfeit goods to be sold. It’s a very controversial question and answers given by courts of different jurisdictions are also very disputing, leaving different judgements for the one and the same issue. We will try to find answer with the help of cases already available on this issue.

Keywords: eBay, counterfeit, online marketplace, trademark, infringement

Suggested Citation

Aher, Vinayak Kisan, Is it Infringement of Trade Mark Law for the Operator of an Online Marketplace (Such as Ebay) to Allow Counterfeit Goods to Be Sold? (September 27, 2010). Available at SSRN: https://ssrn.com/abstract=1797006 or http://dx.doi.org/10.2139/ssrn.1797006

Vinayak Kisan Aher (Contact Author)

affiliation not provided to SSRN

FIRM 81, Advocates & Legal Consultants ( email )

Pune
Pune, Maharashtra 411038
India

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