Amazon is not infringing Coty trade marks by storing infringing perfumes on behalf of a third party

Print this page 04-06-2020
IPPT20200402, CJEU, Coty v Amazon

Trade mark law - Amazon is not infringing Coty trade marks by storing infringing perfumes on behalf of a third party without being aware of that infringement: the Court has already pointed out that ‘using’ involves active behaviour and direct or indirect control of the act constituting the use, in order for the storage of goods bearing signs identical, or similar to trade marks to be classified as ‘using’ those signs, it is necessary for the economic operator providing the storage itself to pursue the aim referred to by those provisions, which is offering the goods or putting them on the market.

 

IPPT20200402, CJEU, Coty v Amazon

 

ECLI:EU:C:2020:267 - C567/18