In a recent decision, Tommy Hilfiger et al. v Delta Center (C-494/15), the Court of Justice of the European Union (CJEU) opened the door for injunctions against landlords that rent sales points to traders in counterfeit goods.
The CJEU held that landlords “whose services are being used by a third party to infringe an intellectual property right” can be considered intermediaries within the meaning of Article 11 of the Enforcement Directive (2004/48/EC).
This decision is not surprising. Indeed, operators of online marketplaces have been exposed to this risk for some time, since the CJEU’s L’Oréal v eBay (C-324/09) judgment.
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