PARIS — The European Court of Justice handed down a judgment in favor of Amazon in a case launched by Coty Germany centered on the sale of unlicensed Davidoff scents.
Coty, holder of Davidoff’s fragrance license, has claimed that Amazon infringes on its trademark rights by storing and delivering Davidoff Hot Water scents, which have not been put on the European Union market with Coty’s consent and are being sold by third-party sellers on Amazon’s Marketplace platform, amazon.de.
The judgment could set a standard regarding third-party sellers in the digital space.
“By today’s judgment, the court answers that, in order for there to be an infringement of the rights in the trademark by the company providing storage, that company must pursue, like the seller, the aim of offering the goods for sale or putting them on the market,” the ECJ said in a statement released Thursday.
The Luxembourg-based court said that in this case, Germany’s Federal Court of Justice, which had asked the ECJ to interpret the EU trademark regulation, had stated the two Amazon companies concerned have not themselves sold the goods or put them on the market, that only the third-party seller had done that.
“It follows that the Amazon companies have not themselves used the Davidoff mark,” the ECJ judged.
The case now reverts to the court of justice in Germany.