AmazonMarketplace does not infringe trademark rights by storage of goods

The Court of Justice of the European Union (CJEU) issued a judgment in Case C-567/18 Coty Germany GmbH v Amazon Services Europe Sàrl, Amazon Europe Core Sàrl, Amazon FC Graben GmbH and Amazon EU Sàrl stating that Amazon’s mere storage of goods,  in the context of its online marketplace AmazonMarketplace, which infringe trademark rights, does not constitute an infringement by Amazon of those trademark rights. A company which, on behalf of a third-party seller, stores goods without being aware that they infringe trademark rights, does not itself use that trademark, and does not pursue the aim of offering the goods for sale or putting them on the market, is not infringing trademark rights.


 

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