Under certain circumstances, Amazon can be held liable for trademark infringement by third parties, the European Court of Justice announced in Luxembourg on Thursday. Louboutin’s best-known products are elegant red-soled women’s shoes.
The French have registered the red color of the outsole as a protected trademark in the EU, among other places. However, Amazon regularly shows ads for red-soled shoes that it claims were marketed by third parties without Louboutin’s permission.
The designer also sees that his trademark rights have been infringed by Amazon and therefore sued the company in Belgium and Luxembourg.
The trick was whether the operator of an online marketplace like Amazon was directly liable for trademark infringement, even if a third party reported it. The European Court of Justice has now upheld this.
If users of the site are under the impression that the pumps are being sold on behalf and account of Amazon, it can be assumed that Amazon uses the registered trademark of Louboutin. This is, among other things, the case when Amazon designs all ads on its website in a uniform way, third-party sellers also display their own retailer logo in their ads, and store and ship shoes.
However, it is up to the national courts to decide whether a trademark infringement actually occurred in a particular case.
(SDA)
Source :Blick
I’m Tim David and I work as an author for 24 Instant News, covering the Market section. With a Bachelor’s Degree in Journalism, my mission is to provide accurate, timely and insightful news coverage that helps our readers stay informed about the latest trends in the market. My writing style is focused on making complex economic topics easy to understand for everyone.
