In a dispute with luxury shoe designer Louboutin over the protection of intellectual property, the online giant Amazon suffered a defeat before the European Court of Justice (ECJ). Under certain circumstances, Amazon can be held responsible for trademark infringements by third parties. The judges announced this on Thursday in Luxembourg. (Case C-61/21)
Louboutin’s most well-known goods are elegant red-soled women’s shoes. The Frenchman has registered the red color of the outsole as a protected trademark in the EU, among other places. However, Amazon regularly shows advertisements for shoes with red soles, which Louboutin claims are being marketed by third parties without its consent. The designer also sees his trademark rights being violated by Amazon and has therefore sued the company in Belgium and Luxembourg.
The crux of the matter was whether the operator of an online marketplace like Amazon is directly liable for the infringement of trademark rights, even if a third party reports it. The ECJ has now confirmed this. If the users of the website had the impression that the pumps were being sold in Amazon’s name and on its account, it could be assumed that Amazon was using Louboutin’s registered mark itself. This is the case, among other things, if Amazon designs all advertisements on the website in a uniform manner, also presents its own retailer logo on the advertisements of third-party sellers and stores and dispatches the shoes. The national courts must decide whether there is actually a trademark infringement in the specific case.