CJEU : AMAZON DOES NOT INFRINGE COTY’S TRADE MARK RIGHTS
Court of Justice of the European Union (“CJEU” or “Court”) has made its decision regarding the case between Amazon and Coty
04 April 2020
According to the Court, the mere storage by Amazon, in the context of its online marketplace (‘AmazonMarketplace’), of goods which infringe trade mark rights does not constitute an infringement by Amazon of those trade mark rights.
In the case, Coty which holds a licence for the EU trade mark ‘Davidoff’ alleged infringed its rights in that mark by storing and dispatching bottles of ‘Davidoff Hot Water’ perfume offered for sale by third-party sellers on Amazon-Marketplace without its consent.
The Court answers that, in order for there to be an infringement of the rights in the trade mark by the company providing the storage, that company must pursue, like the seller, the aim of offering the goods for sale or putting them on the market.
In the case, Amazon companies have not themselves offered the goods for sale, instead have put them on the market so that the third-party seller alone pursued the aim of offering the goods for sale.
You can read the text of the decision here.
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