The German Federal Court of Justice confirms the decision on the liability of eBay in case of trademark infringement.

According to the decision, a liability of eBay has to be considered, as eBay enables counterfeited goods to be offered via its Internet platform.

However, a precondition is that the respective suppliers of the counterfeited goods act on a commercial basis, as there is no trademark infringement with respect to private offers. Therefore, eBay has to shut down the concrete offer immediately, when the owner of a trademark indicates an evident infringement. Furthermore, eBay has to look ahead that there are no further corresponding trademark infringements.

Decision of the 1. Civil Senate of April 19, 2007, IZR 35/04

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