On 2 April 2020, the Court of Justice of the European Union (“CJEU”) rendered a judgment (C-567/18) clarifying the potential liability of Amazon and other operators of online platforms for trade mark infringement.
The Court was asked to rule on the question of whether Amazon had infringed Coty's trade mark rights by storing and shipping infringing bottles of ‘Davidoff Hot Water’ perfume, which were offered for sale on the site not by Amazon but by third-party sellers. In this regard, it should be noted that the perfume itself was genuine but had not been placed on the EU market with Coty's consent.
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