French Court Rules eBay Liable for Sales of Counterfeit Hermès Bags

PARIS — In a decision published on July 22, a French regional appeals court ruled that eBay does not qualify for the infringement liability exception for host service providers under EU and French e-commerce law, because it is a “service publisher”, not a mere internet host.

The ruling echoes a January 2010 opinion by France’s highest appeals court, the Cour de Cassation, which, according to a Paris-based expert, eliminated a central copyright infringement liability defense for e-commerce companies in French courts (15 ECLR 117, 1/27/2010).

In the regional case (eBay France, eBay International, Cindy F v. Hermès ...