Our news on intellectual property

Is Amazon directly liable for trademark infringement if a counterfeit product is being promoted, sold, stocked and shipped through its platform? This is the question recently asked by Christian Louboutin to the Court of Justice of the European Union (referral, Case C-148/21). The Court already ruled out on a similar question last year. In the decision Coty v Amazon(referral, Case C-567/18), the judges ruled out any direct liability for storage of counterfeit products. But further light will be welcome. As will be the Digital Services Act – a coming new EU legislation addressing illegal content on online platforms. The legislative proposal was submitted by the European Commission last December. It is currently reviewed by the European Parliament and the Council of the European Union. With respect to this important topic, the new developments at both judicial and legislative levels will be shared on SEDIN website.