Clancy PC, Intellectual Property Law, Paula Clancy, Trademarks, Canadian IP, @CanadianIP, IP
By Ashley Moniz
The European Court of Justice (ECJ) recently found that Amazon, as an online retail outlet, was not liable for trademark infringement after unwittingly storing third-party goods that were infringing.The German unit of Coty, an American cosmetics company, brought the action against Amazon when a third-party seller advertised grey market DAVIDOFF cologne for sale.
The third-party vendor used Amazon Marketplace under the "Fulfilled by Amazon" scheme to stock and sell their goods. Under this scheme, vendors pay a fee to use Amazon’s warehouses and logistics. Even though Amazon owns this platform, the ECJ found that Amazon did not itself sell the infringing goods but merely stored them, and therefore was not liable for trademark infringement.
The ECJ found that the storage of goods without knowledge that the goods infringe trademark rights does qualify as 'trademark use'.
For more information about protecting your intellectual property rights (and preventing the infringement of third party rights!) in international e-commerce channels, please contact us.
Clancy PC, Intellectual Property Law, Paula Clancy, Trademarks, IP