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A Dutch court’s decision leaves cause for concern for brand owners regarding online marketplaces' liability for trademark infringement, according to James Tumbridge, Robert Peake and Benedict Sharrock-Harris at Venner Shipley.
Last year, 2022, the ruling in the case of Louboutin v Amazon (C-148/21 and C-184-21) was issued by the Court of Justice of the European Union (CJEU).
It was held that Amazon could be held liable for trademark infringement linked to counterfeit shoes sold by third-party retailers on Amazon Marketplace.
The ruling was greeted by brand owners as a long-overdue shift in the law that would require online marketplaces to play a greater role in stemming the tide of counterfeit goods online.
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trademarks, Audi, Volkswagen, Fruugo, Louboutin, Amazon, online counterfeits, Europe, Court of Justice of the European Union, CJEU