Amazon found without liability when it comes from infringing goods after German challenge

With the shops shut due to the current pandemic, online retailers have seen a rise in customers.

One online retailer who never fails to keep growing is Amazon. Amazon has dominated the online retailer sector for a long time and is many peoples go to for a wide range of products, from stationary, furniture and electricals.

A key section of their trade is third party goods and Amazon facilities the role of the shop. Due to the sheer scale of sellers, there is a number of sellers on Amazon who are selling other brands products, some without the rights consents.

For some time, many high end brands have been vocally critical of online retailers such as Amazon for failing to protect their brand and allowing these unauthorised sellers to operate on their platform.

Cosmetics company Coty’s took this criticism one step further and filed a claim against them in respect of trade mark infringement. The claim cited that Amazon allowed their perfume Davidoff to be sold in the site without their consent and therefore were in breach of their intellectual property rights.

The claim was filed in Germany, but the Court of Justice for the European Union’s assistance was called upon. The CJEU considered the position and ruled in favour of Amazon. The Court confirmed that while Amazon stored the infringing goods on their online marketplace, this was not enough for Amazon themselves to be deemed infringing the trade mark rights of Coty’s and any other luxury brands who may be in the same position.

Amazon of course welcomed this decision and highlighted in their statement that they are pushing to rid their site of counterfeiters and will continue to do the same.

This case should be a reminder to you all that if a deal seems to good to be true then it normally is. Be aware of counterfeit products which can be of very low quality and always ensure you are purchasing products from reputable websites and sellers.

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