In recent years, luxury shoe designer Christian Louboutin has repeatedly defended himself against alleged trademark infringements of his famous red soles. In 2010, Louboutin registered the trademark in the Benelux countries for the class “shoes”, and from 2013 for the class “high-heeled shoes”. In December 2022, the European Court of Justice (ECJ) issued its first ruling in the dispute against online retailer Amazon (judgment of December 22, 2022, Ref. C-148/21; C-184/21).
Key question: Is Amazon liable for third-party advertising?
The luxury shoe designer felt that his trademark rights had been infringed by the sale or advertising of shoes with red soles, even though they were not Louboutin shoes, and took the matter to court – with success. The ECJ ruled that, under certain conditions, Amazon can also be held responsible for the advertising of third-party sellers.
Consequences: Liability for third-party ads is explosive for Amazon
The ruling has far-reaching consequences for the online giant Amazon. The use of a trademark-infringing sign in advertising on Amazon, as a marketplace and at the same time a retailer itself, can be attributed to Amazon. This means that the famous online platform is directly liable for trademark infringements, even if these are caused by third-party advertisements. Liability for third-party advertisements is therefore explosive for Amazon and can lead to a tightening of trademark law in online retail.