Amazon in Davidoff victory

Background: Amazon have scored in a victory in its long running battles with trademark owners. The ECJ held in Amazon's favour in its dispute with German retailer, COTY over the sale of Davidoff products via its market place. The court held that the Amazon was operating as "mere storage" and that this was insufficient to amount to trademark infringement.

View: whilst the decision is perhaps not surprising, trademark owners will no doubt be disappointed at the idea that Amazon, with all of its control and management of the marketplace infrastructure, is considered to be nothing more than a storage facility. It will make the enforcement of action by trademark owners far more difficult.