PARIS — The Paris High Court ruled Wednesday that eBay is not accountable for the sale of counterfeit L’Oréal beauty products on its French Web site in a case brought against the online auctioneer by the beauty giant.
The French court ruled eBay has implemented means to fight counterfeit products on its online platform, thereby fulfilling its obligation of fair dealing.
The court proposed eBay and L’Oréal find an amicable settlement via legal mediation.
It is eBay’s first court victory in France.
“The decision of the High Court in Paris is a victory for eBay and for consumers,” stated Alexander von Schirmeister, managing director of eBay France. “We are delighted that eBay’s meaningful efforts to fight counterfeits online have been recognized by the court as has its platform status.”
Meanwhile, L’Oréal, which had been asking for damages of 3.5 million euros, or $4.8 million at current exchange, stated the case is still pending. “Overall, L’Oréal is satisfied with the outcome of the decision taken by the court of justice in Paris on May 13, 2009, concerning the case it brought against eBay, which refers both parties to a judicial mediation. Therefore, the case is still pending and another hearing is set for May 25, 2009,” the firm said.
On that date, L’Oréal and eBay are to meet again in the French court to come to an agreement about methodology to combat the sale of counterfeit goods.
L’Oréal initiated legal proceedings against eBay in several countries in 2007. In 2008, a Belgian court found in favor of eBay, reasoning that the site is an online host, which stocks information by users and is not responsible for the veracity of that information. A ruling in a case brought in the U.K. courts is expected to be handed down as early as next Wednesday.
EBay lawyers have become regular courtside fixtures on both sides of the Atlantic as the Internet auction site has locked horns not only with L’Oréal but also with luxury groups, including Tiffany & Co., LVMH Moët Hennessy Louis Vuitton and Hermès International.
The Internet company has had mixed results to date. In June 2008 a French court ordered eBay to pay LVMH compensation of 38.9 million euros, or $61.3 million, for allowing the sale of counterfeit products and the unlawful sales of authentic fragrances belonging to its stable of brands. In the same month, the Web site was ordered to pay Hermès a fine of 20,000 euros, or $31,058, for failing to monitor the authenticity of goods sold on its site.
However, in July, in a case that pitted eBay against Tiffany, a U.S. court ruled eBay does not have the legal responsibility to prevent the sale of counterfeit goods. The jewelry retailer’s lawyers have since presented written arguments to an appeals court asking for a reversal of the ruling.
@tradesy is turning the concept of a showroom upside down with its new space in Santa Monica. Here, the company plans to hold events, art exhibits and a showcase rare fashion pieces like this Louis Vuitton boxing set. Get all the details on Tradesy’s first showroom on WWD.com. #wwdnews
Spotted last night at the @erdem x @hm launch event: Kate Bosworth, Rashida Jones, Kirsten Dunst and Selma Blair. The party, which took place in LA, also marked the opening of their pop-up shop. “I was interested in creating a collection that wasn’t in any way disposable. It was about pieces you’d create and keep forever, things that have a permanence to it,” designer Erdem Moralioglu said. #wwdeye (📷: Katie Jones)
Renee Zellweger in yellow in 2001 and again in 2017. Chosen as one of the 12 @pantone Leading Spring Colors (and dubbed “Meadowlark”), it only makes sense that the bright hue stands the test of time and is making a resurgence this season, seen already on stars like @blakelively and @gigihadid. (📷: Donato Sardello & @rexfeatures) #wwdfashion #tbt
Dior’s 70th anniversary celebration continues with a new exhibition at the Royal Ontario Museum in Toronto. “Christian Dior,” which is scheduled to run through March 18, takes a look at the founders tenure from 1947 to 1057 and feature 40 designs. Pictured here is an evening gown from the Ailée, fall 1948-49 haute couture collection. #wwdfashion (📷: Brian Boyle)
As one of the most recognizable models in the world, Christy Turlington Burns has an insider’s view of the fashion industry and the allegations of sexual harassment swirling around it. “I can say that harassment and mistreatment have always been widely known and tolerated in the industry. The industry is surrounded by predators who thrive on the constant rejection and loneliness so many of us have experiences at some point in our careers,” Turlington told WWD, along with her suggestions for how the modeling world should protect younger women and men. Read more on WWD.com. Link in bio. (📷: Tony Palmieri) #wwdnews
@asics America has tapped a new brand ambassador: famed DJ/record producer @steveaoki. This initiative is intended to set the tone for the new brand identity and philosophy and will include partnerships with influencers and in-store and off-line activations that will continue into next year. This is Asics’ most significant marketing effort in two decades, and is expected to attract younger consumers to the brand. #wwdfashion
24-year-old Jean Prounis is redefining the rules of jewelry. Formerly a studio assistant to Jemima Kirke and a design apprentice at Ghuran, she focuses on handcrafted subtleties and ancient goldsmithing techniques. “There was a really sterile feel in the environment and I wanted to have jewelry with character that shapes how you wear it everyday,” Prounis said. Each piece is hand made in New York, either by Prounis or three other jewelers in the district. #wwdfashion
“These collections continue to build on that vision, empowering differently abled adults to express themselves through fashion,” said @tommyhilfiger of his line of adaptive apparel, which launches today. The line consists of 37 men’s and 34 women’s styles based upon the pieces from the spring Tommy Hilfiger sportswear collection. #wwdnews