The dispute concerning the perfumes was somewhat different as there the argument was that eBay shouldn't allow genuine products to be sold on its sites because this would interfere with LVMH's exclusive distribution network.
The IPKat would dearly love to know how the sums for the damages were calculated. Surely there aren't so many people in France who would have bought a genuine Louis Vuitton bag but decided not to because of the eBay alternative? If the damage was for harm to Louis Vuitton's reputation, does this mean that the French court has stumbled on the secret for calculating how much damage harming a mark's exclusivity does? As for the the perfumes, the IPKat is scratching his head as to how this accords with the rules of exhaustion of rights (assuming that is that the eBay perfume originates in the EU).





