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CJEU: Amazon open to liability over fake Christian Louboutin ads


Consumers could be misled into thinking counterfeit shoes were sold by Amazon itself, the court ruled yesterday

Amazon can be held liable over adverts for counterfeit Christian Louboutin shoes sold by third parties on the platform, the Court of Justice of the EU ruled yesterday, December 22.

The decision is a major boost to the French shoemaker in its trademark lawsuits against Amazon in Belgium and Luxembourg.

Louboutin claimed that Amazon infringed its rights by displaying adverts for counterfeit shoes, which copied its trademarked red sole.

The CJEU found yesterday that such adverts could give users the impression that the counterfeit shoes were sold by Amazon itself.

The Luxembourg District Court and Brussels Companies Court had made referrals to the CJEU over the issue.

Both courts can now resume proceedings to determine whether there was any confusion as a result of the adverts and if Amazon should be held liable.

An Amazon spokesperson said: “We will study the court’s decision. Amazon makes it clear to customers who they are buying from when they are shopping in our stores by displaying seller information.”

Alexis Mourot, CEO at Christian Louboutin, said the decision was a victory for all brands defending their intellectual property.

“We have always been committed to protecting our creativity, our uniqueness, and to preserving the relationship of trust with our customers,” Mourot added.

Xavier Ragot, general counsel at Christian Louboutin, added that the decision was a victory in the fight against counterfeiting and would benefit all consumers looking for authentic goods.

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