EU Court Advisor Says Amazon Is Not Liable For Fake Louboutins

Words by Retail Bum

EU Court Advisor Says Amazon Is Not Liable For Fake Louboutins
EU Court Advisor Says Amazon Is Not Liable For Fake Louboutins
Amazon should not be held liable for the sale of counterfeit Louboutin shoes on its platform, an advisor to Europe’s top court said in response to the designer label’s case against the eCommerce giant.

Louboutin sought an injunction against Amazon in 2019 in Belgium and Luxembourg, saying that the eCommerce giant regularly displays ads for its iconic red-soled shoes without its permission.

The two courts, in response, sought guidance from the Luxembourg-based Court of Justice of the European Union (CJEU), Reuters reported.

After assessing the case, CJEU’s Advocate General Maciej Szpunar took Amazon’s side — marking a significant setback for Louboutin.

The company “cannot be held directly liable for infringements of the rights of trademark owners taking place on its platform as a result of commercial offerings by third parties,” he said.

“It is always specified, in the advertisements, whether the goods are sold by third-party sellers or sold directly by Amazon,” he added.

The decision is likely to go in Amazon’s favor, as the CJEU typically follows the majority of such non-binding opinions.

In recent months, Amazon has been teaming up with various brands to crack down on counterfeiters. For example, a joint partnership between Amazon and Salvatore Ferragamo led to the seizure of counterfeit Salvatore Ferragamo products in China’s Zhejiang province in April.

The sale of counterfeit products has become a significant headache for Amazon and other eCommerce platforms in recent years. According to the Organization for Economic Cooperation and Development, the global trade of counterfeit products was valued at $464 billion in 2019.

Moreover, the sale of counterfeit products increased even further in 2020 and 2021 as more consumers began shopping online.

MUST READS
No more posts to show, explore other topics: