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

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