“Amazon Will Have Little Choice but To Adjust Its Business Model”: Counsel React to Groundbreaking Christian Louboutin Ruling

Barsik Law Office

https://www.worldtrademarkreview.com/article/amazon-will-have-little-choice-adjust-its-business-model-counsel-react-groundbreaking-christian-louboutin-ruling

Christian Louboutin filed complaints against Amazon in 2019 to stop the use of its red sole trademark. The ruling that the CJEU-(Court of Justice of the European Union) made was a groundbreaking decision that Amazon can be held liable for adverts promoting fake goods on its platform. Christian Louboutin’s lead counsel, Thierry van Innis explained how, “Amazon acted like a department store that allowed unknown third parties to display counterfeit goods on its shelves. Leading to great confusion and bolstering the distribution of counterfeit goods.” The court also concluded that Amazon goes beyond offering a marketplace for third parties and sells products itself and provides additional services such as storage and shipping. Amazon will now be forced to make a clear distinction between goods offered by itself or third parties. The case will return to national courts for review.