ECJ held Amazon could be responsible for third party’s TM infringement
Retail giant Amazon could be held responsible when third-party sellers misuse trademarks on its site.The European Court of Justice (ECJ) made the ruling on Thursday, after courts in Belgium and Luxembourg asked for its opinion on a case raised by French shoemaker Christian Louboutin in 2019.Louboutin argued that Amazon was breaching trademark rights by capitalising on its trademark red sole and enabling third-party sellers to offer “identical” products without the brand’s consent.
As we head into the biggest shopping period of the year — which this year may well have an even stronger online component than usual because of COVID-19 — Amazon has launched its latest effort to combat the sale of counterfeit goods on its site. The e-commerce giant today announced that its IP Accelerator is […]
Last Thursday, Shenzhen Qianhai Phoenix Networks Co., Ltd. (Phoenix Networks) sued Amazon.com Services, LLC and Amazon.com, Inc. (collectively Amazon) for trademark infringement of the plaintiff’s mark on its “surgical-type face masks.” The Northern District of Illinois lawsuit seeks injunctive relief and damages from the e-commerce defendants.
the European Court of Justice (ECJ) decided that “mere storage” of trademark-infringing goods was not the same as trademark infringement itself. Amazon “have not themselves offered the goods for sale or put them on the market”, the ECJ ruled. “It follows that the Amazon companies have not themselves used the Davidoff mark.”
Amazon is not liable for unknowingly stocking goods for third-party sellers that infringe trademarks, Europe’s top court said on Thursday, handing online retailers a victory in their battle against luxury goods companies.
Amazon has filed to trademark ‘Amazon Pharmacy’ in Canada, the U.K. and Australia, signaling a potential move into selling prescription drugs outside of the U.S.According to the Canadian Intellectual Property Office website, Amazon filed for the patent on Jan. 9, 2020. The status is listed as pre-formalized. The trademark also lists other areas that Amazon Pharmacy could move into including surgical, medical dental instruments and pharmaceutical as well as medical and veterinary preparations.
A growing number of sellers on Amazon.com’s platform are finding how painful it can be when Amazon’s absolute power over their small businesses meets a bureaucratic U.S. government system not built for the 21st century.The issue involves trademarks filed with the U.S. Patent and Trademark Office (PTO), a federal agency meant to ensure brands big and small can protect their intellectual property. The office processes hundreds of thousands of trademark applications a year, and experts at a hearing this month warned Congress that spurious trademarks have overwhelmed the system.
A growing number of sellers on Amazon.com Inc.’s platform are finding how painful it can be when Amazon’s absolute power over their small businesses meets a bureaucratic U.S. government system not built for the 21st century.
Amazon applied for an “AmazonTube” trademark earlier this week, according to a filing found by TV Answer Man, as the company’s public feud with Google over accessing YouTube content on Amazon’s devices continues to escalate.
Word Mark AMAZONTUBE
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 87709325
Filing Date December 5, 2017
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) Amazon Technologies, Inc. CORPORATION NEVADA ATTN: Trademarks 410 Terry Ave N Seattle WASHINGTON 98109
Goods and Services IC 009. IC 035. IC 038. IC 039. IC 041. IC 042. IC 045.
Word Mark OPENTUBE
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 87709319
Filing Date December 5, 2017
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) Amazon Technologies, Inc. CORPORATION NEVADA ATTN: Trademarks 410 Terry Ave N Seattle WASHINGTON 98109
Goods and Services IC 009. IC 035. IC 038. IC 039. IC 041. IC 042. IC 045.
