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© Reuters. FILE PHOTO: The Amazon emblem is pictured exterior the corporate’s JFK8 distribution heart in Staten Island, New York, U.S. November 25, 2020. REUTERS/Brendan McDermid
By Foo Yun Chee
BRUSSELS (Reuters) – U.S. on-line retailer Amazon (NASDAQ:) just isn’t answerable for the sale of counterfeit Louboutin sneakers on its platform, an adviser to Europe’s high court docket mentioned on Thursday, a possible setback for the shoemaker identified for its crimson sole sneakers well-liked with celebrities.
The case dated from 2019 when Louboutin sought an injunction towards Amazon in a Belgian and a Luxembourg court docket, saying the corporate recurrently shows on its web sites ads for red-soled sneakers put in the marketplace with out its consent.
Each courts had sought the steering of the Luxembourg-based Court docket of Justice of the European Union (CJEU.)
Advocate Basic Maciej Szpunar on the CJEU backed the world’s largest on-line retailer.
He mentioned Amazon “can’t be held instantly answerable for infringements of the rights of commerce mark house owners going down on its platform on account of industrial choices by third events”.
“It’s at all times specified, within the ads, whether or not the products are offered by third-party sellers or offered instantly by Amazon,” Szpunar mentioned.
The CJEU, which is able to rule within the coming months, normally follows nearly all of such non-binding opinions.
Louboutin didn’t instantly reply to a request for remark.
The instances are C-148/21 and C-184/21.
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