Abstract: Online trademark infringement and counterfeiting is a growing
problem for luxury brands. In recent years, trademark owners have taken aim
at the operators of online marketplaces and auction websites, asserting that
these defendants are liable for contributory infringement due to sales of
counterfeit goods on their sites. In addressing the scope of secondary liability
for trademark infringement, the courts of the United States and European
nations, including France, Germany, and the United Kingdom, have applied
differing standards and reached inconsistent results. This article considers the
question of secondary liability for trademark infringement from a comparative
perspective and contrasts the rationales offered by the various courts in their
decisions. It argues for a harmonization of the law across borders that also fits
the realities of the online intermediary market business model, and proposes a
standard for doing so.
Abstract: Online trademark infringement and counterfeiting is a growingproblem for luxury brands. In recent years, trademark owners have taken aimat the operators of online marketplaces and auction websites, asserting thatthese defendants are liable for contributory infringement due to sales ofcounterfeit goods on their sites. In addressing the scope of secondary liabilityfor trademark infringement, the courts of the United States and Europeannations, including France, Germany, and the United Kingdom, have applieddiffering standards and reached inconsistent results. This article considers thequestion of secondary liability for trademark infringement from a comparativeperspective and contrasts the rationales offered by the various courts in theirdecisions. It argues for a harmonization of the law across borders that also fitsthe realities of the online intermediary market business model, and proposes astandard for doing so.
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