Year: 2009
Type: article
Abstract: Despite global economic downturn, online trade, in particular the sale of counterfeit\ngoods via the Internet, continues to soar. An important player in this game is the\nonline auction provider. Though it is not the direct infringer, trademark owners see it\nas the logical legal defendant. Due to the nature of online auction, an online auction\nprovider may be sued by the same or different plaintiffs in different jurisdictions. Not\nsurprisingly, the outcome of litigation varies from court to court. This fragmented\napproach of different courts to the liability of online auction providers calls for\nharmonization of the law. Focusing largely on the recent lawsuits against Ebay in\ndifferent jurisdictions, this article suggests that an improved solution based on the\nGerman model may be the best way forward.\n
Authors: Asy Cheung, KH Pun
Institution: University of Hong Kong
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6990021124