Online Marketplace Liability: Current Legal Framework and Recent Developments in the EU and US

Director Monica Riva Talley will speak on the panel “Online Marketplace Liability: Current Legal Framework and Recent Developments in the EU and US” at the 2023 IPOwners Spring Summit™ in Washington, DC. Her panel will occur on Thursday, March 16, 2023 at 11:45 a.m. ET.

Panel Overview

When are online intermediaries liable for infringing goods offered on their platforms? In December 2022, the Court of Justice of the European Union issued a decision in the case of Louboutin v Amazon that may lead to increased liability for online marketplaces. The decision comes not long after the European Commission published its Digital Services Act package of measures, with significant implications for online platforms. Meanwhile, in the US, the passage of the INFORM Consumers Act requires online marketplaces to collect, verify, and disclose certain information from high-volume, third-party sellers. This presentation discusses the current legal landscape for online marketplace liability in the EU and US, in light of recent legislation and case law developments on both sides of the Atlantic.