# Amazon may be responsible for allowing Louboutin knock-off ads, EU court says
Author:  Pal Sinha, Barnali 
Author URL: https://financedigest.com/author/pal-sinha-barnali
Published: 2022-12-23
Category: NEWS
Category URL: https://financedigest.com/category/news
Meta Title: EU Court Holds Amazon Responsible for Counterfeit Louboutin Ads
Meta Description: The European Court of Justice rules Amazon may be liable for advertising fake Louboutin shoes on its platform, leading to potential changes in their business
URL: https://financedigest.com/amazon-may-be-responsible-for-allowing-louboutin-knock-off-ads-eu-court-sayshtml

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By Kate Abnett

BRUSSELS (Reuters) -Online retailer Amazon.com may be deemed [responsible](https://www.financedigest.com/socially-responsible-investing-sri-how-to-invest-in-companies-that-align-with-your-values.html) for advertising of counterfeit Christian Louboutin shoes which found its way to its platform, Europe’s top court said in a preliminary ruling on Thursday.

The EU court said it was now up to two national courts to decide whether this was indeed the case.

Louboutin brought [cases against Amazon](https://www.financedigest.com/amazon-loses-bid-to-throw-out-case-by-uk-drivers-seeking-worker-rights.html "Amazon loses bid to throw out case by UK drivers seeking worker rights") in a Belgian and a Luxembourg court in 2019, saying the retailer regularly displayed advertisements for red-soled shoes put on the market without Louboutin’s consent.

Louboutin’s signature red sole is registered as a trademark within the EU. Both courts had sought the guidance of the Luxembourg-based [Court of Justice](https://www.financedigest.com/ukraine-to-confront-russia-at-intl-court-of-justice-on-monday.html "Ukraine to confront Russia at Int’l Court of Justice on Monday") of the European Union (CJEU).

In its ruling on Thursday, the EU court said [Amazon,](https://www.financedigest.com/amazon-tacks-on-new-buy-with-prime-features-ahead-of-peak-holiday-shopping.html) as an online sales platform, may be considered responsible for the [intellectual property](https://www.financedigest.com/white-bullet-releases-ad-funded-piracy-report-for-world-intellectual-property-organisation-wipo.html "White Bullet releases Ad Funded Piracy Report for World Intellectual Property Organisation (WIPO)") breaches involved in the advertisements of counterfeit products that feature Louboutin’s trademarked red sole. The court said the presentation of the advertisements may give users of its website the impression that [Amazon – rather than a third-party seller](https://www.financedigest.com/amazon-introduces-seller-storage-service-to-tackle-supply-chain-woes.html "Amazon introduces seller storage service to tackle supply chain woes") – is responsible for the [advertisements](https://www.financedigest.com/what-is-advertising-the-answer-to-that-question-will-change-your-advertising-campaigns.html) and benefiting from them.

We will study the [Court’s decision](https://www.financedigest.com/court-fees-and-access-to-justice-the-impact-of-the-supreme-courts-decision-on-lenders.html "Court fees and access to justice:  the impact of the Supreme Court’s decision on lenders"). Amazon makes it clear to customers who they are buying from when they are shopping in our stores by displaying seller information,” an Amazon spokesperson said.

Thierry Van Innis, Louboutin’s lawyer, said the European court had [followed the designer’s arguments “in every detail”](https://www.financedigest.com/u-s-senate-democrats-unveil-details-of-3-5-trln-follow-up-bill.html "U.S. Senate Democrats unveil details of .5 trln follow-up bill").

Amazon can be [held accountable](https://www.financedigest.com/lebanese-bank-closes-over-30-british-held-accounts-after-uk-ruling-depositors-group.html "Lebanese bank closes over 30 British-held accounts after UK ruling-depositors’ group") for the breaches as if the platform was itself the seller …. Amazon will be [forced to change](https://www.financedigest.com/apple-forced-to-change-charger-in-europe-as-eu-approves-overhaul.html "Apple forced to change charger in Europe as EU approves overhaul") their model and stop misleading the public by mixing up their own and third-party offers,” he told Reuters.

Van Innis said Louboutin was not [currently seeking financial](https://www.financedigest.com/what-flatsharing-is-a-financial-gamechanger-in-the-current-climate.html "Why flatsharing is a financial gamechanger in the current climate") compensation. We’re not [talking money](https://www.financedigest.com/more-than-one-in-ten-brits-are-embarrassed-to-talk-to-anyone-about-their-money-issues.html "More than one in ten Brits are embarrassed to talk to anyone about their money issues") at this stage. We want the breaches to stop,” he said.

(Reporting by Kate Abnett, Tassilo HummelEditing by Mark Potter and Leslie Adler)


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