Amazon must check for trade mark violations, says EU court advisor

US online retail giant Amazon is not liable for unwittingly stocking trade mark infringing goods for third-party sellers, but should be diligent in checking whether products are legal, an adviser to Europe’s top court said on Thursday.

The adviser was giving his opinion on a case that pits Amazon against US cosmetics company Coty.

The dispute is one of the many battles between luxury goods companies seeking to preserve their exclusivity and branding and online platforms such as Amazon and eBay fighting against online sales curbs.

It also raises the question of the scope of online platforms’ responsibility for products sold, or content transmitted, on their sites.