YEAR 2024 No 2 Volume 34

ISSN 2182-9845

Does Amazon use someone else's trademark to market products?

Sara Carolina Rodríguez Ramírez

Keywords

Use in the context of its own commercial communication; ISSP liability; Primary or direct trademark liability; Trademark infringement; Secondary liability; Amazon v. Christian Louboutin.

Abstract

In the case involving the interpretation of the requirement of “use in the context of its own commercial communication”, the CJUE ruled that an e-commerce platform with the characteristics of Amazon may use the sign in this manner when third-party sellers use it use in products they market on its website. This comment analyses the judgment and presents the author´s position.

Table of contents

1. Introduction 
2. Facts
3. Opinion of the Advocate General and Reasoning of the Court
4. Comment
References
Case Law
Legislation

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