Amazon may be held responsible for counterfeit red-soled high heels on the platform

Amazon could be held liable for advertising counterfeit designer high-heeled shoes that infringed designer Christian Louboutin's EU trademark.

It is understood that similar red-soled high heels were advertised on the Amazon platform by third-party sellers without Louboutin's consent. The EU Court of Justice said Amazon may be held responsible for any trademark infringement.

Louboutin said the platform's sales model was "misleading the public." Amazon said it would study the situation.

Amazon has been involved in a long-running dispute with shoemaker Louboutin, whose high heels typically cost at least £600.

In 2019, Louboutin filed two lawsuits against Amazon in courts in Belgium and Luxembourg, accusing Amazon of frequently displaying advertisements for red-soled shoes on its platform without its consent.

In its ruling last Thursday, the European Court of Justice said Amazon could be found responsible for the counterfeiting of the designer red-soled shoes.

The EU Court's press office said users of the platform could have the impression that it was Amazon - and not third-party sellers - that was selling products under the name of and on behalf of the big brand.

The EU court said it was now up to two national courts in Belgium and Luxembourg to decide whether that was the case.

The EU Court also pointed out that the platform also provides additional services to these third-party sellers, in particular storage and transportation of their products.

Louboutin maintains that Amazon is illegally using its trademark for the red soles because Amazon's products are "identical" to its own.

Louboutin's lawyer Thierry van Innes said the EU court had listened to the designer's arguments "in every detail".

After the court's ruling, Van Innis told the outside world: "Amazon needs to be held accountable for these violations. The platform itself is like a seller."

"Amazon will need to change their model and stop mixing their own products with third-party products to mislead the public. "

Van Innes said Louboutin is not seeking financial compensation: "We are not talking about money at this stage , we want the violations to stop. "

This case is actually just the tip of the iceberg of trademark infringement cases on online platforms. There is still a long way to go in the future to enable consumers to distinguish between authenticity and counterfeiting and to protect the rights and interests of legitimate sellers.

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European Union