CJEU: Amazon open to liability over fake Christian Louboutin ads
Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

CJEU: Amazon open to liability over fake Christian Louboutin ads

Amazon

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.

more from across site and ros bottom lb

More from across our site

Sources at five firms provide updates on how they're approaching remote working and what their policies have meant for recruitment
Three lawyers who joined Boies Schiller Flexner in May say they've enjoyed working on litigation that includes non-IP aspects
McKool Smith principal Steve Pollinger explains how a simple internet search by a prospective client led to a $192 million patent win against Samsung
CJEU Advocate General Nicholas Emiliou has proposed a compromise in his second opinion in the BSH v Electrolux case
Benjamin Sodey, a former in-house lawyer at life sciences business MilliporeSigma, says he's looking forward to expanding his practice at Polsinelli
Loeb & Loeb has taken on the IP, corporate and compliance teams from Perkins Coie’s soon-to-be closed Beijing office
In the latest episode, we discuss our latest list of in-house rising stars and analyse developments from AI work for law firms to legal market news in Canada
More than half of the peer-nominated stars listed in this year’s ‘Ones to Watch’ list are women – let’s hope that recognition continues
Tamir Packin, partner at Desmarais, explains how the team navigated complex discovery issues to secure a patent win for IBM
Geoff Steward, former head of IP at Stobbs, will join Addleshaw Goddard and seek to take the firm to the next level
Gift this article