EU court adviser says Amazon does not infringe trade mark rights in Coty case

BRUSSELS (Reuters) – Amazon (O:) is not breaching trade mark rights by stocking and shipping goods for third-party sellers, an adviser to Europe’s top court said on Thursday, siding with the U.S. online retail giant against U.S. cosmetics company Coty (N:).

The opinion came from Manuel Campos Sanchez-Bordona, advocate general at the Court of Justice of the European Union (CJEU).

The Luxembourg-based court, which follows such non-binding recommendations in the majority of cases, would normally give a ruling in the next two to four months.

A German court had sought advice from the CJEU in a case underlining the long-running battle between luxury owners seeking to preserve their exclusivity and branding and online platforms such as Amazon and eBay (O:) fighting against online sales curbs.

The case is C-567/18 Coty Germany.

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