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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
L'Oréal v eBay: Bonadio comments
London-based Italian legal scholar Enrico Bonadio has drawn the attention of Class 46 to a comment which he has written on the decision of the Court of Justice of the European Union in L'Oreal v. eBay; This comment has been published in the latest issue of the Computer and Telecommunications Law Review(CTLR). Not every reader of this weblog is a subscriber to the CTLR, but we are pleased to inform you that you can access Enrico's piece via this SSRN link:
"On July 12, 2011 the Court of Justice of the European Union (CJEU) gave its decision in L'Oréal v eBay (C-324/09). The CJEU dealt with inter alia the following issues: (1) the aspects related to the nature of the goods sold by eBay's users; (2) the liability of eBay in connection with the said sales; (3) the availability of the “hosting provider” defence for eBay; and (4) trade mark owners' right to obtain injunctions against operators of online marketplaces in order to stop future sales of infringing products through their websites. Even though the actual liability of eBay will have to be established by the UK referring court, the CJEU's conclusions can already be considered a success for proponents of stricter online trade mark enforcement".
Posted by: Blog Administrator @ 22.05
Tags: L'Oréal v eBay comment,
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