The Court of Justice of the European Union (CJEU), which heard the dispute between the French footwear manufacturer Louboutin and the Amazon platform, on Thursday opened the way for Amazon to be held liable for advertising and selling counterfeit products.
She believes that Amazon can be seen as an advertisement for fake Louboutin products sold on its site by a third-party seller, because the user of the platform is given the impression that Amazon is selling the product.
“Amazon itself uses a mark registered by Louboutin when the user of its website has the impression that it is Amazon that sells on its own behalf and on its own behalf the pumps of this brand,” CJEU said in a press release.
Louboutin, known for its red-soled shoes, has filed two appeals in Luxembourg and Belgium against Amazon over the sale of counterfeit products on the site.
The CEC does not resolve the dispute. The national court must decide the case in accordance with the decision of the court. This decision binds, in the same way, other national jurisdictions that will deal with a similar problem.
“Amazon sites regularly show ads from third-party sellers for red-soled shoes.
Christian Louboutin, the French designer of women’s high-heeled pumps, whose red sole is famous, claims that he did not give his consent to the circulation of these products, ”the CEC explains.
Louboutin alleges that Amazon illegally used the red single sign “for products identical” to its own, and “insists in particular on the fact that the contested ad is an integral part of Amazon’s commercial communication.”
The Court considers in its decision “that such an operator can actually be considered to be himself using a mark identical to the European Union trademark, appearing in an advertisement of a third-party seller on his marketplace in a queue when a normally informed and sufficiently attentive user of his site has the impression that it is this operator sells on its own behalf and at its own expense the relevant infringing products.”
Amazon consistently displays its own listings and those of third-party sellers and affixes the Amazon logo to all listings.
The platform also offers “additional services to these third-party merchants in the context of marketing their products, including storage and delivery of their products,” the Court emphasizes.
All of these circumstances can make it difficult to distinguish between Amazon and third-party sellers, Sud argues, and “give the normally informed and reasonably observant user the impression that Amazon is marketing on its own behalf and for its own purposes.” check. , Louboutin merchandise offered for sale by third party sellers.”