La protección de marcas en las plataformas «híbridas» de comercio electrónico

Résumé

The year 2022 closed, judicially speaking, with the long-awaited judgment of the CJEU in the Louboutin case (Joined Cases C-148/21 and C-184/21). The Community judge had to delve into a key issue in the regulation of e-commerce platforms, responding to the elusive regime of their liability for damage caused to a brand as a result of the sale on these sites of counterfeit products by third-party users. This is a real problem whose importance has been accentuated in recent years following the increase in online sales since the COVID-19 pandemic. Perhaps this is why the EU judge’s position takes a remarkably realistic approach.