By Foo Yun Chee

BRUSSELS (Reuters) – U.S. on-line retailer Amazon (NASDAQ:) is just not chargeable for the sale of counterfeit Louboutin sneakers on its platform, an adviser to Europe’s high court docket mentioned on Thursday, a possible setback for the shoemaker recognized for its purple sole sneakers common with celebrities.

The case dated from 2019 when Louboutin sought an injunction in opposition to Amazon in a Belgian and a Luxembourg court docket, saying the corporate recurrently shows on its web sites ads for red-soled sneakers put in the marketplace with out its consent.

Each courts had sought the steering of the Luxembourg-based Courtroom of Justice of the European Union (CJEU.)

Advocate Common Maciej Szpunar on the CJEU backed the world’s largest on-line retailer.

He mentioned Amazon “can’t be held straight chargeable for infringements of the rights of commerce mark house owners happening on its platform on account of business choices by third events”.

“It’s at all times specified, within the ads, whether or not the products are bought by third-party sellers or bought straight by Amazon,” Szpunar mentioned.

The CJEU, which is able to rule within the coming months, normally follows the vast majority of such non-binding opinions.

Louboutin didn’t instantly reply to a request for remark.

The circumstances are C-148/21 and C-184/21.