eBay High Court decision on trade marks

legal_updates

The person who steals your name could be pursued for 'passing off' your name but eBay themselves would not be liable.

Author: Dennis Chapman
Published:
Reading time: 1 minute

This article is 12 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Many dealers now use eBay to sell vehicles.  In a recent case taken by the cosmetics company L’Oreal it was held that eBay had no legal duty to protect trade mark holders from unscrupulous people selling fake goods using famous trade marks. 

Although this particular circumstance will generally not apply to used vehicles there could be a situation where someone tries to use your trading name to make a quick buck selling cars down the road!  The person who steals your name could be pursued for ‘passing off’ your name but eBay themselves would not be liable

Dennis Chapman

In remembrance of Dennis Chapman 1951 -2015

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.