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Ebay and auction sites may be liable for trademark abuse

European court says online marketplaces can be held responsible for the infringement of trademarks on counterfeit goods they promote, following a series of cases brought by L'Oreal to defend its brand

Guardian Rebecca Smithers

Context & Ripple Effects

The European Court of Justice has ruled that online marketplaces such as eBay can be held liable when they promote listings for counterfeit goods — the culmination of L'Oreal's series of trademark cases against auction sites, which began with suits filed to defend its perfume and cosmetics brands from grey-market and fake listings.

The ruling lands three months after Europe's courts signalled they would also constrain advertisers' use of trademarked terms in keyword advertising, and it extends the same logic one layer deeper: from who buys a brand's name in search, to who displays and profits from infringing goods. Together they sketch an emerging EU doctrine that hosting content is not enough — promoting it carries responsibility.

First-order effects

  • eBay and rival auction sites now face direct liability for counterfeit listings their own promotion surfaces, giving L'Oreal and other brands a legal lever to demand takedowns and injunctions rather than negotiate them.

Second-order effects

  • Marketplaces will have to spend on proactive filtering and brand-verification systems to avoid courtroom exposure, raising operating costs across the sector; expect more rights-holders to copy L'Oreal's litigation playbook rather than settle quietly.

Third-order effects

  • If the pattern holds, Europe is moving toward a regime where platforms bear distributor-like responsibility for what they surface — a structural shift from neutral-intermediary protections toward shared policing of intellectual property, with compliance costs favouring large operators over small marketplaces.

The trend: European courts are steadily narrowing the safe harbour for online intermediaries, shifting trademark-enforcement burdens onto the platforms that host and promote infringing goods.