A mother has been granted a High Court injunction preventing images of her toddler daughter in a Halloween costume being used on eBay.
The nurse from Co Cork had posted pictures of her daughter to her online Instagram account on October 30, 2018.
Almost a year later, a close friend alerted her to the fact the image had been used on Amazon and eBay.
In an affidavit, the mother said she did not give permission to anyone to use, distribute, sell or copy these images.
On October 13 last, after finding out the image was being used on commercial websites, she contacted eBay and Amazon which she said reassured her they would investigate it and revert back to her.
Amazon said it had taken the complaint seriously and was actively investigating the matter.
In January this year, it confirmed it had removed all images of the child found on product detail pages.
It also said sellers had been identified by its investigations team and appropriate actions had been taken on those accounts.
John Temple BL, for the child, told the court Amazon had a very proactive approach but eBay had a very different approach which was that the onus was on the parents of the child to monitor for the image use and make an application to have images removed.
Counsel said the mother phoned eBay on November 4, 2019, and was directed to file her complaint online.
The court heard that eBay later asked to provide her email address to the person using her daughter’s image and she said she did not want this to happen.
Counsel said the mother then engaged a solicitor on the matter. eBay along with Amazon were asked on January 7 last to immediately cease and desist from controlling and further from processing any image of the girl.
Earlier this month eBay was informed by the solicitor the little girl’s image was still being used by a number of sellers via its website and a request to remove the images was made.
Mr Justice Robert Eagar said he would grant an interim injunction against eBay, otherwise known as eBay Europe Services Ltd, from processing, reproducing or using the child’s image.
It will be in place until the hearing of the action.