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
Date Written: September 27, 2010
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
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