CJEU back in ‘Hot Water’ – when are infringing goods being ‘offered’?

DAVIDOFF HOT WATER is the name of a perfume and as such registered as an EU trade mark. Coty is the exclusive licensee for this trade mark and distributes the perfume in Germany. In 2015, the CJEU ruledthat Coty could request the personal details of a bank account’s owner after said bank account was used for selling (trade mark) infringing products on eBay [see Katpost on CJEU decision here and on subsequent FCJ decision here]. Kat testing the water temperatureNow, HOT WATER returns to the CJEU, once again following a referralfrom the FCJ (case No I ZR 20/17). This time, Coty made a test purchase of a perfume labelled “Davidoff Hot Water EdT 60 ml” on Amazon Marketplace. The seller had used Amazon’s ‘Fulfillment by Amazon’ option. Amazon describes this option as follows:“With Fulfillment by Amazon (FBA), you store your products in Amazon's fulfillment centers, and we pick, pack, ship, and provide customer service for these…

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