The Wall Street Journal Law Blog relays news of a Belgian legal ruling that eBay is not liable for sale of counterfeit Lancome perfumes, holding “that eBay is a passive provider of ‘host’ services, as that term is defined in a European Community policy directive, and that it’s therefore entitled to more legal leeway than a brick-and-mortor auctioneer would receive if counterfeit goods were being sold on his premises.” This is the third ruling in the past month in cases brought against eBay over sales of counterfeit luxury goods. A French court ruled against eBay in one of the cases; eBay won the Belgian case and another decided in the U.S. As the Journal says, “circuit splits are nice, but country splits are even better.”
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