6 month 2 day, European Court of Justice (CJEU) Published by General Counsel Machei．Spooner (Maciej Szpunar) Written opinion paper, Spooner recommended that the European Court of Justice rule that e-commerce giant Amazon does not need to sell counterfeit Luplatine to third parties (Louboutin) Shoes bear tort liability.

Spooner said, This is despite the fact that Amazon offers commercial services that are used to display and sell counterfeit products, But under EU trademark law, Amazon's business practices do not support the conclusion that it has used the Luplatine trademark. Spooner points out, Intermediaries that provide services related to the marketing of commodities but do not provide commodities and do not place commodities on the market do not use relevant trademarks for their own commercial communication.

He also said: "The ads make it clear whether the item is being sold by a third-party seller or by Amazon directly. In addition, Be well informed, The views of reasonably observant Internet users are the relevant factors to determine whether a platform is using a trademark commercially. "

Based on these two points, Amazon does not use "Eu trade mark regulation" The first 9 Trademarks referred to in this Article. Therefore, Under EU law, Amazon doesn't have to bear the burden directly／Major tort liability, But Spooner did not rule out Amazon taking a secondary responsibility under state law／The possibility of indirect liability. Platform liability remains a hot topic in intellectual property circles.

If the European Court follows Mr Spooner's advice, as it has in the past, Some frustrated brand owners may see this as another setback in the fight against online counterfeiting. A ruling is due in the next few months.

(Compiled from curia. europa. eu)

Reprinted from China Intellectual Property Network   translation: Rason group　proofread: Wang Dan

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