CJEU: Amazon Not Liable for Storing Infringing Goods Sold by Third Parties
On 1 April 2020, the Court of Justice of the European Union (CJEU) delivered a judgment (C-567/18) clarifying the liability of online platforms like Amazon for trademark infringement. The case concerned Coty’s claim that Amazon infringed its trademark by storing and shipping ‘Davidoff Hot Water’ perfume sold by third-party sellers without Coty’s consent to place the goods on the EU market. Although the products were genuine, Coty had not authorised their sale in the EU.
The CJEU considered whether Amazon’s storage activities constituted ‘use’ of the trademark under Article 9 of the EU Trade Mark Regulation. It ruled that simply storing goods for third parties, without knowledge of any infringement and without the intent to offer or sell the goods on its own behalf, does not constitute trademark use; thus, Amazon was held not liable in this case.