European justice paves the way for Amazon’s liability in the advertising and sale of counterfeit products. It is the French brand Louboutin, known for its red-soled pumps, which has seized European justice for a dispute between it and the online sales platform.
It is in 2019 that the battle between two groups begins. The shoemaker of the stars brought two appeals in Luxembourg and Belgium, against Amazon, accusing it of advertising its famous red-soled pumps without its consent.
Finally, it is the Court of Justice of the European Union which seizes the case. The highest court of the Union considers that Amazon can be considered as itself advertising fake Louboutin products sold on its site by a third party, because the user of the platform has the impression that this is Amazon who sells the product.
Amazon displays its own ads and those of its sellers by affixing its logo. The site also offers services, such as storage or shipping to these third-party sellers. So many circumstances that confuse a user, says the Court.
The Court of Justice of the European Union does not settle the dispute. It is up to the national courts to resolve the case, in accordance with the Court’s decision.
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