L’Oréal SA and Others v eBay International AG and Others (C-324/09)

Judgment of 12 Jul 2011

law://eu/cjeu/2009/c-324-09/para_91@2026-11-12

91Next, in so far as eBay used keywords corresponding to L’Oréal trade marks to promote its customer-sellers’ offers for sale of goods bearing those marks, that use related to goods or services identical with those for which those trade marks are registered. In that regard, the words ‘in relation to goods or services’ do not relate solely to the goods or services of a third party which is using signs corresponding to the trade marks but may also refer to the goods or services of other persons. The fact that an economic operator uses a sign corresponding to a trade mark in relation to goods which are not his own goods — in the sense that he does not have title to them — does not in itself prevent that use from falling within Article 5 of Directive 89/104 and Article 9 of Regulation 40/94 (see Google France and Google, paragraph 60, and the order in Case C-62/08 UDV North America [2009] ECR I-1279, paragraph 43).

L’Oréal SA and Others v eBay International AG and Others (C-324/09)

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