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Auctionbytes-NewsFlash, Number 1852 - August 13, 2008 - ISSN 1539-5065      | Next Story

Belgian Tribunal Dismisses L'Oreal Claims in eBay Lawsuit
By Ina Steiner
AuctionBytes.com
August 13, 2008
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eBay said the Belgian Tribunal de Commerce has dismissed all claims by L'Oreal brought against eBay regarding the sale of counterfeit items. eBay issued a statement published on the eBay corporate blog "This is the second successful court ruling in a row for eBay, both supporting our view that controlling prices and distribution reduces consumer choice. The litigation of counterfeits against eBay has been exposed as merely a stalking horse. eBay provides a vibrant and trusted marketplace that gives European consumers a good deal. We work to tackle the menace of counterfeit through action and co-operation with rights owners."

Fortune's Legal Pad blog published the French-language ruling and published L'Oréal's statement: "Whilst acknowledging the decision taken today by the Commercial Court of Brussels, L'Oréal would like to express its utmost surprise at the result of this decision, which dismissed the action from Lancôme, a subsidiary of the group, against eBay, for the sale of counterfeits on eBay platform. L'Oréal believes the court to be mistaken in its decision to minimise the role of eBay in the sale of products on its platform. L'Oréal believes that this judgement by the court digresses from the interpretation of the eCommerce Directive provided in recent months by the European Commission. Today's interpretation also contradicts that of other European courts, in particular, the Commercial court of Paris in a recent case against eBay brought by other luxury brands. L'Oréal intends to appeal this decision."


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