Different yet the same? Intermediary liability in physical and online markets

By Paul Maeyaert

The issue of intermediary liability is a hot topic, particularly in the online environment, with decisions in Tommy Hilfiger and Tobias Mc Fadden only intensifying the debate

In an attempt to stem the initial offering and subsequent sale of counterfeit products, rights holders are increasingly invoking contributory trademark infringement claims in both online and offline environments against intermediaries which provide services that facilitate infringements. This tactic makes strategic sense – especially as intermediaries are often best placed to halt infringing activities. Article 11 of the EU IP Enforcement Directive (2004/48/EC) states that member states must ensure that rights holders can apply for an injunction against intermediaries whose services are used by a third party to infringe an IP right, without prejudice to Article 8(3) of the EU Information Society Directive (2001/29/EC), which specifically states the same applies for copyright.

This part of the website has now moved to the subscriber area. To read more, please pick an option below.

Register to access two articles per month

Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts

Already registered? Log in

What our customers are saying

"There is no doubt that World Trademark Review is an important tool for people dealing with trademark matters"

Maria de Lourdes Lopes Dias
Senior Partner
Lopes Dias & Associados


Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.

Why subscribe?


Register for more free content

  • Read more World Trademark Review blogs and articles
  • Receive the editor's weekly review by email
Register now  
Issue 70