In a long-awaited ruling this morning which will be welcomed by many brand owners, the Court of Justice of the European Union (ECJ) clarified a great deal of the uncertainty which has htherto clouded the application of European Union trade mark law to online trade when it concluded that internet auction marketplace eBay may be liable for trade mark infringements committed by users on its site if it plays an active role in their use, 

According to the ECJ, where an online market operator has played an active role by optimising or promotion infringing items for sale, it cannot rely on the exemption from liability which the E-Commerce Directive provides. The ECJ added, among other things, that EU Member States were obliged under the IP Enforcement Directive to ensure that their courts take measures that help to end trade mark infringements by users of online marketplaces, as well as preventing further infringements. Injunctive relief must be effective, proportionate, and dissuasive and must not create barriers to legitimate trade.

For the full judgment of the ECJ click here
For the Curia press release which summarises it very helpfully click here