The Boundaries of 'Use': When Do E-Commerce Platforms Become Liable for Trade Mark Infringement? Coty Germany GmbH v Amazon Services Europe Sari (C-567/18)

摘要

This comment discusses the case of Coty Germany GmbH v Amazon Services Europe and the CJEU's interpretation of Directive 2007/1001 when dealing with a claim for trade mark infringement against a service provider on goods held in storage by a third-party seller using its services. The court answered the questions: Does storage of the goods amount to ownership? Whether additional services can constitute a "use " of the goods? It also deals with the differences between pure wholesale services providers and parties acting as a seller. The potential for a new interpretation of the Enforcement Directive in relation to the provision of services for trade mark infringing goods is also examined.