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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Standard

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

Harvard

Riis, T 2023, 'Primary Liability of Intermediaries for Trade Mark Infringement in Light of the Decision in Joined Cases Louboutin (C-148/21) and (C-184/21)', European Intellectual Property Review, bind 45, nr. 6, s. 337-343. <https://www.westlaw.com/Document/IDDFF3670ED8F11EDA06BD44CD185CC4F/View/FullText.html?transitionType=Default&contextData=(sc.Default)&VR=3.0&RS=cblt1.0>

APA

Riis, T. (2023). Primary Liability of Intermediaries for Trade Mark Infringement in Light of the Decision in Joined Cases Louboutin (C-148/21) and (C-184/21). European Intellectual Property Review, 45(6), 337-343. https://www.westlaw.com/Document/IDDFF3670ED8F11EDA06BD44CD185CC4F/View/FullText.html?transitionType=Default&contextData=(sc.Default)&VR=3.0&RS=cblt1.0

Vancouver

Riis T. Primary Liability of Intermediaries for Trade Mark Infringement in Light of the Decision in Joined Cases Louboutin (C-148/21) and (C-184/21). European Intellectual Property Review. 2023;45(6):337-343.

Author

Riis, Thomas. / Primary Liability of Intermediaries for Trade Mark Infringement in Light of the Decision in Joined Cases Louboutin (C-148/21) and (C-184/21). I: European Intellectual Property Review. 2023 ; Bind 45, Nr. 6. s. 337-343.

Bibtex

@article{f6d07d3d9e0f4d8cb0c2cdcfb9af1bf1,
title = "Primary Liability of Intermediaries for Trade Mark Infringement in Light of the Decision in Joined Cases Louboutin (C-148/21) and (C-184/21)",
abstract = "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{\textquoteright}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.",
author = "Thomas Riis",
year = "2023",
language = "Dansk",
volume = "45",
pages = "337--343",
journal = "European Intellectual Property Review",
issn = "0142-0461",
publisher = "Sweet & Maxwell Ltd.",
number = "6",

}

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