There have been numerous cases across the globe, notably in the United States and Europe, with mixed results. However, until now, eBay have largely been victorious throughout the process except in France.
But with a French court ruling that eBay had fulfilled their obligations to luxury brands through their anti-counterfeiting measures, it is thought likely that out-of-court co-operation will now become the focus of future action.
The ruling came on May 13, when Judge Elisabeth Belfort dismissed L’Oreal’s €3.5m claim, saying eBay couldn't be held accountable for sales of fake products on their site.
EBay say they spend more than $20m a year fighting the problem of fake goods and operate a policy whereby they remove a listing if a company questions its authenticity.
The ruling will undoubtedly raise eBay’s hopes of winning a number of appeals against cases they have lost around the globe on the issue, where they face multiple fines.
L’Oreal have not given up hope of victory yet, though, as they await the outcome of further cases in London (launched in the High Court in early March) and Germany.
By Ivan Macquisten