The Court of Justice of the European Union (CJEU) has ruled that Amazon can be held liable for trademark infringement if a third-party offers goods infringing an EU trademark on its marketplace platform. The case involved a claim of infringement on Louboutin’s world-renowned red sole trademark.
The CJEU considered the concept of “use” in EU trademark law and ruled that Amazon’s display of third-party advertisements for counterfeit versions of Louboutin’s red-soled shoe on its platform without consent amounts to “use” by Amazon. The CJEU also considered the importance of transparency in enabling relevant users to distinguish between the offerings of the operator and those of third-party sellers (which are often knock-offs).
The decision highlights the evolving online marketplace and the need for online operators to distinguish their offerings to avoid liability.
https://www.mhc.ie/latest/insights/europes-highest-court-gives-louboutin-a-shoe-in-in-amazon-battle