default-output-block.skip-main
BoF Logo

The Business of Fashion

Agenda-setting intelligence, analysis and advice for the global fashion community.

Amazon Avoids Breach of Coty's Trademark Rights

The cosmetics company took the e-commerce platform to a German court for stocking Davidoff perfume for third party sellers.
Coty website | Source: Shutterstock
By
  • Reuters

SEATTLE, United States — Amazon does not breach trade mark rights when it stocks and transports goods for third-party sellers, an adviser to Europe's top court said on Thursday, siding with the US online retail giant against US cosmetics company Coty.

The case is one of the many battles between luxury goods companies seeking to preserve their exclusivity and branding and online platforms such as Amazon and eBay fighting against online sales curbs.

It also raises the question of the scope of online platforms' responsibility for products sold, or content transmitted, on their sites.

The opinion from Manuel Campos Sanchez-Bordona, advocate general at the Court of Justice of the European Union, came in a case involving Coty's German subsidiary, which took Amazon to a German court for stocking Davidoff perfume for third party sellers.

Coty said such practices violate its trade mark rights and that Amazon should be liable for stocking trade mark infringing goods.

Under the scheme called "Fulfilled by Amazon", the US online retail giant stores and transports goods for third-party sellers, a key feature of its business model. The German court subsequently sought guidance from the CJEU.

Companies which are not aware of trade mark infringements cannot be held responsible for storing counterfeit products for third party sellers, Campos Sanchez-Bordona said.

The Luxembourg-based court, which follows such non-binding recommendations in the majority of cases, would normally give a ruling in the next two to four months. Amazon had no immediate comment.

By Foo Yun Chee; editors: Philip Blenkinsop and Mark Potter

In This Article

© 2022 The Business of Fashion. All rights reserved. For more information read our Terms & Conditions

More from Retail
Chronicle the ‘Retail Apocalypse’ and emerging retail models, including DTC brands.

Vying for attention from increasingly sophisticated consumers impacted by the downturn, fashion brands and retailers need to deliver exceptional in-store experiences. To discover how store interior design is innovating to increase sales and community engagement, BoF sits down with Invisible Collection co-founder Isabelle Dubern-Mallevays.



For 15 years, the canvas sneaker giant rode a wave of teen demand for its classic styles, only to find itself on the outs when customers moved on to more innovative footwear. Will its new products drive growth again?


BoF sits down with Lorenzo Cotti, CEO and founder of Integra Fragrances, to discover how olfactory strategies can increase brand equity and drive sales revenue while responding to growing consumer concern over air-quality.


view more

The Business of Fashion

Agenda-setting intelligence, analysis and advice for the global fashion community.
CONNECT WITH US ON
BoF Professional Summit - An Inflection Point in Fashion Tech
© 2023 The Business of Fashion. All rights reserved. For more information read our Terms & Conditions, Privacy Policy and Accessibility Statement.
BoF Professional Summit - An Inflection Point in Fashion Tech