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France: eBay condemned over use of LVMH trade marks
AFP reports that on 18 September 2009 Paris first instance court condemned eBay for using keywords that referred to trade marks for perfumes, such as "Ange ou Démon" (by Givenchy) or "L'Heure Bleue" (by Guerlain).
The exact terms of the judgment are yet still unknown. According to press reports and both parties press releases, the court held that by using keywords that were identical to various trade marks owned by the LVMH group, eBay was responsible for infringing these trade marks.
Those keywords (which might have been used as AdWords) were used to promote eBay sites selling such products. Apparently the perfumes at stake were authentic products, but sold outside their exclusive distribution channels.
LVMH was awarded 60 000 euros in damages and 20 000 euros as a compensation for legal fees.
In declarations issued on the same day as the court decision, both parties said to be satisfied. LVMH was satisfied that eBay got condemned for infringing the luxury giant's trade marks and eBay said to be satisfied that the court only granted limited damages to its adversary, who initially asked for 4 millions.
Tags: exclusive distribution, France, France trade marks,
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