Do you sell on line? If so, watch out for an important decision of the courts about the sale of fake merchandise.

Often we have clients who get themselves in trouble over trademarks and copyright. Sometimes they copy photographs onto their websites without permission or they import, or export goods without the necessary permissions. We can advise on all aspect of commercial law, including trademarks and copyright. In the latest Ebay case, a French court held that over 90% of the LVMH merchandise was fake. Ebay’s business model works on the basis that as soon as fake goods are brought to their attention they always stop the sale but that they cannot vet every item in advance. The court ordered eBay to pay £30.6m to LVMH for allowing the sale of the fake goods.

In addition, Ebay was in breach of the law by allowing any selling (even of genuine product which was not fake or counterfeit) of some products that were only supposed to be available through approved specialised distributors.

If you need any assistance on trademark or copyright law, or how to set up lawful selective distribution networks that do not breach EU competition law, please contact Cathy Cook at Jordans Solicitors Wakefield Office in West Yorkshire


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