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ARTICLE · 28 DECEMBER 2022

CJEU Finds That Amazon May Be Liable For Infringing Third Party Ads

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In a highly anticipated decision dated 22 December in relation to the advertisement of fake Christian Louboutin shoes by third party vendors on Amazon, the Court of Justice of the European Union (CJEU)...

United KingdomIntellectual Property
Megan Rannard
Megan Rannard
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In a highly anticipated decision dated 22 December in relation to the advertisement of fake Christian Louboutin shoes by third party vendors on Amazon, the Court of Justice of the European Union (CJEU) has held that Amazon may indeed be held accountable for trade mark infringement based on their "use" of trade marks in advertisements promoting fake third-party goods.

The main question to be answered by the Court was whether, and under what conditions, online marketplaces such as Amazon could be held liable for trade mark infringement in relation to the advertisement of infringing goods offered for sale by third parties on their platforms.

The short answer is "yes" - online marketplaces can be held liable for third party advertisements that infringe registered trade marks if there is confusion as to the source of the advert.

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