Нарушения прав на товарный знак в интернете: правоприменительная практика Европейского Cоюза [Articol]

Abstract

In the context of the rapid growth of e-commerce and the increasing importance of the internet as a platform for marketing and selling goods and services, the protection of trademark rights in the digital environment has become a critical priority for rights holders. This paper analyzes the European Union’s legal framework, including the E-Commerce Directive (2000/31/EC), Directive (EU) 2015/2436, Regulation (EU) 2017/1001, and the new Digital Services Act (Regulation (EU) 2022/2065). These legal instruments define the responsibilities of online intermediaries and provide protection against various types of trademark misuse, such as the sale of counterfeit goods, cybersquatting, unauthorized use of trademarks in advertising, and on social media platforms. The study explores the “Notice-and-Take-Down” procedure as a central enforcement tool and examines landmark CJEU case law (e.g., L’Oréal v. eBay, Google v. LVMH, Louboutin v. Amazon). It highlights the tension between safeguarding the digital single market and the free flow of information, as well as the need for clear boundaries regarding intermediary liability. Furthermore, the role of the React organization is emphasized for its effective global online enforcement programs aimed at combating counterfeiting and protecting brand owners’ rights.