Anousha Vasantha's article was first published in the October issue of CITMA Review, the journal of the Chartered Institute of Trade Mark Attorneys (CITMA). For more information on CITMA, please visit citma.org.uk.
The AG in this matter raises interesting points regarding the distinctions between intermediate online services, online trading and retail trading in physical stores. It remains to be seen whether the CJEU will adopt the AG’s opinion. However, following Praktiker and Tulliallan Burlington, it is likely that the CJEU will follow precedent in encompassing the facilitators of sales within the definition of retail sales.