Landlord Liability for IP Infringements: CJEU Holds that Operators of Physical Marketplace are Intermediaries under the Enforcement Directive in Tommy Hilfiger(C-494/15)

摘要

The article discusses the CJEU's decision in Tommy Hilfiger, in which the CJEU has extended the application of the guidance in its landmark decision in L'Oreal from an online to an offline environment by finding that the operator of a physical ("bricks and mortar") marketplace may be similar to an online marketplace and therefore qualify as an intermediary under art. 11 Enforcement Directive 2004/8448. While this decision strengthens the rights of right holders, it will put landlords on alert since they may be forced to bring trade mark infringements committed by market-traders to an end and/or take measures to prevent further infringements.