The Liability of Online Markets for Counterfeit Goods: A Comparative Analysis of Secondary Trademark Infringement in the United States and Europe

43 Pages Posted: 19 Jul 2011 Last revised: 3 Oct 2014

See all articles by Kurt M. Saunders

Kurt M. Saunders

California State University, Northridge

Gerlinde Berger-Walliser

University of Connecticut - School of Business; University of Connecticut - School of Law

Date Written: March 22, 2011

Abstract

The incidence of counterfeiting and trademark infringement has surged with the widespread use of online marketplaces, such as eBay, the Internet auction platform. As a result, such sites have faced a steady stream of lawsuits brought by prominent trademark owners in United States and European courts in connection with the sale of counterfeit merchandise. In this paper we analyze and compare the current state of U.S. trademark law on secondary liability of online markets for the sale of counterfeit goods and compare it to the law of the European Union and the domestic laws of several European countries where courts have addressed the issue, offering divergent approaches to the scope of secondary liability.

Keywords: trademark infringement, secondary liability, e-commerce, on-line auction, host-provider

JEL Classification: K19, K33

Suggested Citation

Saunders, Kurt M. and Berger-Walliser, Gerlinde, The Liability of Online Markets for Counterfeit Goods: A Comparative Analysis of Secondary Trademark Infringement in the United States and Europe (March 22, 2011). 23 Northwestern Journal of International Law & Business 37 (2011), Available at SSRN: https://ssrn.com/abstract=1888981

Kurt M. Saunders

California State University, Northridge ( email )

18111 Nordoff Street
College of Business & Economics
Northridge, CA 91330
United States
818-677-2905 (Phone)

Gerlinde Berger-Walliser (Contact Author)

University of Connecticut - School of Business ( email )

368 Fairfield Road
Storrs, CT 06269-2041
United States

University of Connecticut - School of Law ( email )

65 Elizabeth Street
Hartford, CT 06105
United States

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