ECJ rules in favor of Amazon in trade mark dispute with Davidoff’s owners

The European Courts of Justice (ECJ) ruled in favour of Amazon in its trade mark dispute with German cosmetic giant Coty last week.

Coty, who are the owners of the famous Davidoff fragrance, raised a dispute with Amazon for infringing its registered rights by storing and delivering unlicensed bottles of the Davidoff ‘hot water’ fragrance without Coty’s prior consent.

The case which was initially brought before the German Courts was dismissed and later appealed by Coty who again, received reaffirmation of the dismissal. The case was then referred to the ECJ who confirmed that the storage of infringing goods was not the same as trade mark infringement, “the mere storage by Amazon, in the context of its online marketplace, of goods which infringe trade mark rights does not constitute an infringement by Amazon of those trade mark rights”.

In a statement, Amazon have pledged that they ‘invest heavily’ in tackling counterfeit goods and strictly ban their users from selling infringing products.

This ruling will likely set precedent in respect of third-party online merchants.

If you have any questions relating to this article, or believe someone may be infringing your trade mark, contact us today where we would be happy to assit you.

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