Primary Liability of Intermediaries for Trade Mark Infringement in Light of the Decision in Joined Cases Louboutin (C-148/21) and (C-184/21)
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Primary Liability of Intermediaries for Trade Mark Infringement in Light of the Decision in Joined Cases Louboutin (C-148/21) and (C-184/21). / Riis, Thomas.
I: European Intellectual Property Review, Bind 45, Nr. 6, 2023, s. 337-343.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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RIS
TY - JOUR
T1 - Primary Liability of Intermediaries for Trade Mark Infringement in Light of the Decision in Joined Cases Louboutin (C-148/21) and (C-184/21)
AU - Riis, Thomas
PY - 2023
Y1 - 2023
N2 - It has been widely believed that intermediaries, and in particular online trading platforms, do not risk primary liability for trade mark infringement when a platform’s users offer counterfeit goods for sale on the platform. The role of a platform in such a situation has been considered as contributory infringement that does not incur liability as long as the platform is acting in good faith. This has now changed with the decision of the Court of Justice of the European Union in joined cases Louboutin (C-148/21) and (C-184/21), according to which a trading platform incurs such primary trade mark liability under certain conditions. This article examines the conditions under which an intermediary incurs primary trade mark liability for acts carried out by third parties.
AB - It has been widely believed that intermediaries, and in particular online trading platforms, do not risk primary liability for trade mark infringement when a platform’s users offer counterfeit goods for sale on the platform. The role of a platform in such a situation has been considered as contributory infringement that does not incur liability as long as the platform is acting in good faith. This has now changed with the decision of the Court of Justice of the European Union in joined cases Louboutin (C-148/21) and (C-184/21), according to which a trading platform incurs such primary trade mark liability under certain conditions. This article examines the conditions under which an intermediary incurs primary trade mark liability for acts carried out by third parties.
M3 - Tidsskriftartikel
VL - 45
SP - 337
EP - 343
JO - European Intellectual Property Review
JF - European Intellectual Property Review
SN - 0142-0461
IS - 6
ER -
ID: 344811682