Amazon wins EU court backing in trade mark dispute with Coty
FILE PHOTO: The brand of Amazon is seen on the firm logistics centre in Boves, France, November 5, 2019. REUTERS/Pascal Rossignol
BRUSSELS (Reuters) – Amazon is just not responsible for unwittingly stocking trade mark infringing items for third-party sellers, Europe’s high court stated on Thursday, handing the U.S. on-line retail big victory in its battle towards cosmetics firm Coty.
The case, introduced by Coty’s German unit, underlines the strain between luxurious items firms in search of to protect their exclusivity and branding and on-line platforms akin to Amazon and eBay combating towards on-line gross sales curbs.
Brand names have additionally questioned the scope of on-line platforms’ accountability for merchandise offered, or content material transmitted, on their websites.
Amazon discovered itself in a German court after Coty stated it violated its trade mark rights by stocking its Davidoff fragrance for third occasion sellers and needs to be held answerable for such practices. The German court sought steerage from Europe’s high tribunal.
The Luxembourg-based Court of Justice of the European Union (CJEU) backed the U.S. firm.
“The mere storage by Amazon, in the context of its online marketplace (Amazon-Marketplace), of goods which infringe trade mark rights does not constitute an infringement by Amazon of those trade mark rights,” judges stated.
Amazon’s scheme known as “Fulfilled by Amazon” permits it to retailer and ship items for third-party sellers, one of many key options of its enterprise mannequin.
The firm welcomed the ECJ’s resolution, saying in a press release “Amazon continues to invest heavily in fighting bad actors on our store and is committed to driving counterfeits to zero.”
The case is C-567/18 Coty Germany.
Additional reporting by Philip Blenkinsop; Editing by Emelia Sithole-Matarise