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Anjum Shabbir
Anjum Shabbir
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6th April 2020
Data, Tech & IP

Analysis: “CJEU rules that an online marketplace storing and dispatching infringing products, without itself selling these items on the platform, does not infringe trademark” by Sabine Jacques

Earlier this week, the Court of Justice of the European Union (CJEU) ruled that the German Amazon Marketplace which stored and dispatched goods on behalf of a third party, which was infringing Coty’s licence in a trade mark, is not liable for infringement unless the Amazon marketplace also sells these infringing products itself under Article 9(2)(b) of Council Regulation 207/2009 on the EU trademark and Article 9(3)(b) of Regulation 2017/1001 on the European Union trade mark.

The facts in Coty v Amazon (C-567/18) are simple. A distributor of perfumes and licensee of the EU trademark ‘Davidoff’, Coty, claims that two Amazon group companies infringed the trade mark by storing and dispatching perfume bottles put on sale without prior

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