Milton Keynes, UK – A large Amazon filfilment warehouse near the M1 Motorway outside Milton Keynes.
The European Court of Justice rules in favor of Louboutin in case against Amazon.
The European Court of Justice has ruled in the case between designer Christian Louboutin and online giant Amazon. The case revolves around counterfeit products and associated advertisements.
The problem
Not only can Amazon’s own products be found on Amazon’s website, but there is also a lot of space for third-party offers. And that’s where the shoe pinches. In this case one with a high heel and bright red sole, Louboutin’s trademark. And now let that trademark be officially registered in Europe.
In 2019, the French company had filed complaints with a Belgian and a Luxembourg court respectively. Amazon would advertise shoes with the characteristic red sole, without Louboutin’s permission. And now a judgment has been made.
A lot of fake products are therefore sold via the online platform. Fashion is certainly no exception. Although those items do not belong to the company itself, Amazon often takes care of the storage and shipping. And in some cases even the advertisements. In fact, about half of what is sold through the online retail giant comes from an external provider.
Effects
The European Court has now ruled that Amazon can indeed be held responsible for advertising and distributing those products. It is now up to the original two courts where the complaints were made three years ago what will happen with this ruling.
Louboutin has already stated that he will not seek compensation. But they want to see changes at Amazon. For example, it is possible that the American company will have to adjust its model and website so that it is clearer who offers what.
At the moment, there are no concrete consequences for Amazon yet. But there is a chance that this case has opened Pandora’s shoe box and that other big brands are now following Louboutin’s example.