In a case with parallels to the Louis Vuitton v Google proceedings in France, since 2004 eBay has been fighting accusations in the US, Europe and the UK of infringing upon and diluting the trade marks of luxury goods makers. 

The accusation is based in negligently allowing the sale of counterfeit goods on its global auction site. 

But in the first case filed against eBay by jewelry firm Tiffany & Co a US appeal court ruled that the auction giant:

did not engage in trademark infringement, false advertising or trademark dilution by letting eBay sellers offer purported Tiffany products

Tiffany is considering a further appeal to the U.S. Supreme Court:

EBay knew that counterfeit merchandise was being sold on its site -- and eBay took no effective steps to stop it

The US ruling could be said to indicate that it is the responsibility of trade mark owners to protect and defend their trade marks.  

In the Louis Vuitton case in the European Court of Justice the court warned that advertisers could not use advertising ( in this matter Google key words) to mislead customers into believing they were buying genuine goods, and said both the advertisers and Google were liable.