The Cyber Lawyer

Trademark Liability and the New Rules for Online Marketplaces: Understanding Louboutin v. Amazon and the DSA


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In this episode, we’re unpacking the evolving legal responsibilities of online marketplaces regarding trademark law. We start with the landmark CJEU ruling in Louboutin v. Amazon, which changed how and when platforms can be held directly liable for third-party listings that infringe trademarks. From there, we dive into the Digital Services Act (DSA) and its implications, including new due diligence obligations and shifts in liability that require online intermediaries to take a more active role in preventing infringement. We’ll discuss how these developments have created a new legal landscape where online platforms may face significantly increased direct liability for trademark issues. Tune in as we explore what this means for the future of online marketplaces.

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The Cyber LawyerBy The Cyber Lawyer