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CLASS 46


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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FRIDAY, 18 SEPTEMBER 2009
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.

Posted by: Frédéric Glaize @ 23.03
Tags: exclusive distribution, France, France trade marks,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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