The Court of Justice for the EU also said that under European law operators of online marketplaces can be ordered by national courts to take measures to prevent counterfeit goods being sold on their sites. This means courts in the UK, Germany, France, Italy or other European Union countries can step in and obstruct the sale of fake bags, scarfs, clothes, shoes and other common luxury goods.
Kirsten Gilbert, a partner at the London law firm Marks & Clerk, said in a response: "EU trade mark law has been straining under the pressure of dealing with the internet age. The rise of online commerce has created a host of scenarios never envisaged when our laws were drafted. Today's ruling will give national courts guidance on how to approach just one of these scenarios”.