By today’s judgment, the Court of Justice of the European Union has ruled that the company providing the storage of infringing goods is only liable for trademark infringement if it pursues, like the seller, the aim of offering the goods for sale or putting them on the market. In this case, Amazon was not itself offering the goods for sale or putting them on the market so, according to the Court, Amazon had not “used” the mark. The Court recalls, however, that other provisions of EU law, in particular those on e-commerce and enforcement of intellectual property rights, allow legal proceedings to be brought against an intermediary who has enabled an economic operator to use a trademark unlawfully.
