The EU court expressed it was now up to two national courts to decide whether this was undoubtedly the case.
Louboutin brought cases versus Amazon in a Belgian and a Luxembourg court in 2019, telling the retailer regularly displayed promotions for red-soled shoes put on the market without Louboutin’s permission.
Louboutin’s signature red sole is a trademark within the EU. Both courts had aimed the guidance of the Luxembourg-based Court of Justice of the European Union (CJEU).
In its order on Thursday, the EU court stated that Amazon, as an online sales platform, may be considered responsible for the intellectual property breaches in the advertisements of counterfeit products that feature Louboutin’s trademarked red sole.
That is because the presentation of the advertisements may give users of its website the appearance that Amazon, rather than a third-party seller – is accountable for the advertisements and benefiting from them, the Court stated.
An Amazon spokesperson said that they would study the Court’s decision.
Thierry Van Innis, Louboutin’s lawyer, expressed the European Court had observed the designer’s arguments in every detail.
Amazon can be responsible for the violations as if the platform was the seller. Amazon will have to change its model and stop deceiving the public by mixing up its own and third-party offers. He informed Reuters.
Van Innis said Louboutin was not presently seeking financial compensation. He stated that they’re not talking money at this stage. They want the breaches to stop.
