Comparative Study on the Liability for Trade Mark Infringement of Online Auction Providers

University of Hong Kong Faculty of Law Research Paper No. 10722/129252

European Intellectual Property Review, Vol. 31, No. 11, pp. 559-567, 2009

35 Pages Posted: 23 May 2011

See all articles by ASY Cheung

ASY Cheung

affiliation not provided to SSRN

K.H. Pun

The University of Hong Kong - Faculty of Law

Date Written: 2009

Abstract

Despite global economic downturn, online trade, in particular the sale of counterfeitgoods via the Internet, continues to soar. An important player in this game is theonline auction provider. Though it is not the direct infringer, trademark owners see itas the logical legal defendant. Due to the nature of online auction, an online auctionprovider may be sued by the same or different plaintiffs in different jurisdictions. Notsurprisingly, the outcome of litigation varies from court to court. This fragmentedapproach of different courts to the liability of online auction providers calls forharmonization of the law. Focusing largely on the recent lawsuits against Ebay indifferent jurisdictions, this article suggests that an improved solution based on theGerman model may be the best way forward. (Despite global economic downturn, online trade, in particular the sale of counterfeitgoods via the Internet, continues to soar. An important player in this game is theonline auction provider. Though it is not the direct infringer, trademark owners see itas the logical legal defendant. Due to the nature of online auction, an online auctionprovider may be sued by the same or different plaintiffs in different jurisdictions. Notsurprisingly, the outcome of litigation varies from court to court. This fragmentedapproach of different courts to the liability of online auction providers calls forharmonization of the law. Focusing largely on the recent lawsuits against Ebay indifferent jurisdictions, this article suggests that an improved solution based on theGerman model may be the best way forward.)

Keywords: Counterfeits, Infringement, Internet auction sites, Trade marks

Suggested Citation

Cheung, ASY and Pun, K. H., Comparative Study on the Liability for Trade Mark Infringement of Online Auction Providers (2009). University of Hong Kong Faculty of Law Research Paper No. 10722/129252, European Intellectual Property Review, Vol. 31, No. 11, pp. 559-567, 2009, Available at SSRN: https://ssrn.com/abstract=1849428

ASY Cheung (Contact Author)

affiliation not provided to SSRN

No Address Available

K. H. Pun

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp00164

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