Louboutin has a position mark for its stiletto with red sole. On Amazon, several (fake) stilettos with red soles can be found infringing this. Louboutin deems Amazon responsible for this, due to the way it advertises.
The court seems to agree. With a hybrid online platform, however, the hosting party may be liable. By placing uniform advertisements interchangeably, it may remain unclear to consumers whether or not the products come from the operator. This is reinforced by the use of the Amazon logo in all ads, since Amazon handles storage and shipping.
In order to avoid liability as an online platform, clear distinctions must be made between ads for own and third-party products.
