Enforcement through eBay's VeRO scheme may be a groundless threat

Abstract

On an interim injunction application to restrain an alleged threat of infringement proceedings, the High Court held that the submission of an enforcement request through eBay's Verified Rights Owner (VeRO) Program could constitute a groundless threat of infringement proceedings of a registered Community Design; the Court was concerned at the ability of a rights owner to use the VeRO program to ‘snuff out an avenue of the claimant's business’ where the proprietor of the designs in question had no intention of commencing proceedings in which the issues of infringement and validity would be determined.