Amazon.com deems it not responsible for trading trademark infringing goods for third-party sellers unintentionally, still, the company should be particular in thoroughly examining whether the products it sells are legal or not, said a top legal adviser from Europe.
The adviser expressed his views on the case where the American e-commerce giant, Amazon, and a cosmetic company are set to fight against each other.
The referred case is similar to one of the cases betwixt luxury goods sellers and online retailers such as eBay and Amazon, in which luxury goods companies are striving to protect their brands and exclusivity from being blocked by online platforms. These cases also lead to inquiring about the scope of online retailers’ liability for content published on their sites and products being sold by them.
Manuel Campos Sanchez-Bordona, a general legal advisor at the Court of Justice of the European Union (CJEU), put his opinion on this case when a cosmetic company’s German subsidiary took legal action against Amazon for carrying stock of Davidoff perfumes from Coty for third-party sellers.
Considering this action, Coty blamed that Amazon has violated the company’s trademark rights, and it should be responsible for stocking trademark contravening goods. The German court later asked the CJEU to advise on this matter. Campos Sanchez-Bordona said that companies that have no idea trademark contravention are not responsible for stocking such products for third-party traders.
In any case, in the event that they are effectively engaged in disseminating the products and if they work on a plan like Amazon’s, at that point they should show tirelessness in checking the legitimacy of merchandise sold on their foundation, he said.