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.

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

HR ManagerSo simple even a child could use it

HR Manager is designed to assist employers manage their legal obligations in relation to Employment Law, Human Resources, Health & Safety and Data Protection. Fully utilising HR Manager will demonstrate best practice, assist in the meeting of legal obligations and show due diligence.

Dennis ChapmanIn remembrance of Dennis Chapman 1951 -2015Read More by this author

Related Legal Updates

I’ll see you in court, mate

Before commencing proceedings, the court will expect the parties to have exchanged sufficient information.

Insurers lose Business Interruption Insurance Appeal

Business Interruption insurance came to prominence in 2020 due to the policies which have cover for disruption caused by infectious/notifiable diseases.

Going solo! attending court

If you go it alone you will be known as a ‘litigant in person’.

The importance of retaining evidence

A Court is entitled to find “on the balance of probability”

Use of car badges/logos on your website

The trademark holder is at liberty to issue legal proceedings for unauthorised use

Court confirms Council’s highways repair plan gone to ‘pot’!

The case was brought by an injured jogger who hurt himself when he fell over a pothole

Former employers “win” but suffer massive legal costs

A settlement offer of £1,500,000 was made by the employees in total but this was declined.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.