AG Campos advises CJEU to rule that Amazon might be potentially liable for trade mark infringement
Amazon Logistics Last week, Advocate General (AG) Campos Sánchez-Bordona delivered an important Opinion in Coty Germany v Amazon , C-567/18 [not yet available in English] . He advised the Court of Justice of the European Union (CJEU) to rule that, for the sake of applying Articles 9(2)(b) and 9(3)(b) EUTMR (stocking of goods for the purpose of offering of putting them on the market): if a subject (a) has no awareness/knowledge of the infringing character of the goods which they stock and (b) does not intend to offer or put the goods on the market themselves, then there is no liability for the purpose of this provision. However, if a subject (eg, Amazon) actively contributes to the distribution of said goods , eg through a programme like Amazon Logistics ( which allows the stocking of the goods sold by traders through Amazon and their subsequent delivery to purchasers) , then they are deemed to s...