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.
Key Points: Nio's shares hit 44.20 HKD, up 20%, with electric vehicle deliveries up 134.6% year-on-year to 15,620. BYD leads…
Key Points: Ethereum fell sharply from $3,355 to a low of $2,813, reflecting high volatility and sensitivity to market dynamics.…
Key Points Nikkei 225 slightly fell by 0.1%, while the Hang Seng index surged by 2.4%. USD/JPY increased slightly, highlighting…
Key Points: Gold prices rose on MCX India to ₹71,278/10 gm and COMEX US to $2,328/oz. The US Dollar Index…
Key Points: USD/MXN closed at 17.1268, down by 0.64%. The US Dollar Index increased by 0.67%, highlighting its strength at…
Key Points AUD/USD Pair shows early recovery, currently priced at 0.6525, indicating a subtle improvement and a possible shift in…
This website uses cookies.