Amazon not responsible for fake Louboutin shoes online, says EU legal adviser


The Amazon logo is pictured outside the company’s JFK8 fulfillment center in Staten Island, New York, U.S., November 25, 2020. REUTERS/Brendan McDermid

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BRUSSELS, June 2 (Reuters) – U.S. e-tailer Amazon (AMZN.O) is not responsible for the sale of counterfeit Louboutin shoes on its platform, an adviser to Europe’s top court said on Thursday, a potential setback for the cobbler known for his red-soled shoes popular with celebrities.

The case dated back to 2019 when Louboutin sought an injunction against Amazon in a Belgian court and a Luxembourg court, claiming the company regularly displayed advertisements on its websites for red-soled shoes put on the market without its consent.

Both courts had sought advice from the Luxembourg-based Court of Justice of the European Union (CJEU).

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Advocate General Maciej Szpunar at the CJEU backed the world’s largest online retailer.

He said that Amazon “cannot be held directly liable for infringements of the rights of trademark owners that take place on its platform as a result of commercial offers from third parties.”

“It is always specified in the advertisements whether the goods are sold by third-party sellers or sold directly by Amazon,” Szpunar said.

The CJEU, which will rule in the coming months, generally follows the majority of these non-binding opinions.

Louboutin did not immediately respond to a request for comment.

The cases are C-148/21 and C-184/21.

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Reporting by Foo Yun Chee; Editing by Frank Jack Daniel

Our standards: The Thomson Reuters Trust Principles.


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