Eleonora Rosati published an interesting article for IP KAT in which she discussed the relationships between online traders and trademark owners.
As it is well-known, the problem with counterfeiting goods is widespread including when we talk about e-commerce.
There was some development in that regard, especially in Europe, where the courts tightened the requirements and expectations toward online e-commerce platforms. For examples, these are decisions such as (CJEU) in eBay, C-324/09; Ziggo BV, Case C‑610/15 or Coty Prestige, C-230/16.
The US company Amazon has been under the spotlight recently because some companies accused it of failing to prevent the selling of fake and misleading goods on its platform. For instance, Daimler initiated a lawsuit in the US, argues that Amazon is directly responsible for the “offer for sale and distribution of wheels which copy a protected design owned by Daimler. In addition, other companies such as the shoe producer Birkenstock announced that the company will terminate its relationships with Amazon, stopping to use the platform for selling of its products, because Amazon did nothing to stop misleading goods offered by various traders, although the company was duly informed about the problem.
The topic how e-commerce platforms could control and prevent counterfeit sales is huge and will become more and more important especially in the light of advancing technologies, such as blockchain one, that can possibly offer some solutions in the future which to prevent online sales of fake goods.
The full article can be found here.