Online retail giant Amazon could be held responsible for breaching luxury shoemaker Christian Louboutin’s trademark rights over the sale of counterfeit red soled high-heeled shoes on its platform.
The ruling was made by the European Court of Justice on Thursday.
“These circumstances may indeed make a clear distinction difficult and give the impression to the normally informed and reasonably attentive user that it is Amazon that markets — in its own name and on its own behalf,” the court said.
The luxury house said the court’s decision is a victory for the protection of its expertise and creativity.
The preliminary ruling by the Luxembourg-based court clears the way for Amazon to potentially be held liable for adverts for any counterfeit products sold on its site.
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There has been a long-running dispute between Amazon and shoemaker Louboutin, whose high heels typically sell for at least £600.
Louboutin maintains that Amazon has illegally used the trademarked red sole “for products identical” to its own, and “insists on the fact that the disputed ads are an integral part of Amazon’s commercial communication”.
Amazon displays its own logo on the third-party sellers’ ads, and when it stores and ships the shoes in question.