Despite the global economic downturn, online e-commerce, especially the sale of counterfeit goods, continues to witness a rise in sales, and one of the important players in e-commerce is the owners of e-commerce auction sites. Although they do not have a direct role in trademark infringement, they still consider them indirectly responsible (secondary liability) for infringing on their trademarks. Thus, many cases have been filed by the owners of the original trademarks (which have been infringed by persons who have sold some of the goods and products that are imitating their marks through some electronic auctions) against the owners of those auctions. In view of the international character of the Internet, in different countries, and despite the similarity of the legal facts in those cases, however, the jurisprudence regarding the responsibility of electronic auction owners to contribute to trademark infringement came from one country to another. Indeed, some of the courts have changed their position from one case to another because of their changing views on the facts of those actions and their desire to achieve a fair balance of responsibility between trademark owners and electronic auction holders.
University of Baghdad
Digital Repository