A big case in Israel. Dead Sea Premier Laboratories, a leading manufacturer of cosmetic products based on mineral of the Dead Sea, has started a lawsuit against Amazon on the basis of trademark and copyright infringement.
What is going on? Well, Dead Sea Premier Laboratories sells rather expensive and exclusive products. This company suffers from resellers that sell counterfeit or expired products through Amazon. The resellers are also using photos and texts originating from Dead Sea Premier Laboratories itself.
The question is whether Amazon itself infringes the trademark and copyrights of Dead Sea Premier Laboratories. In the Netherlands (and Europe) we have already have had some decisions coping this question. In a decision of Stokke (the design children chairs) against a webshop in the Netherlands called Marktplaats the court decided that the online marketplace does have an obligation to remove infringements but that this effort does not imply that infringements should be prevented in advance. Moreover, Marktplaats itself is not responsible for the infringements.
This new case shows the big interests and also the difficulties of trademark holders to control the internet.
Source : Jewish Business News (Photo (C) Dead Sea Premier Laboratories
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