Brands, particularly in the luxury goods space, are in a constant battle against counterfeiters, especially when it comes to online marketplaces. A decision handed down by the Court of Justice of the European Union in December 2022 (initially not in English), involving high-end French footwear designer, Christian Louboutin and ecommerce giant, Amazon has set some ground rules for online sales platforms, which will no doubt be well received by brands.
Operators of those sites will now be considering how they can best distinguish their own product offerings from those of third parties, who may be selling counterfeit goods. The risk, if they do not, is that they could now find themselves jointly liable for trade mark infringement.
