Parallel imports

Anti- Counterfeiting, Czech Republic, EU trade mark law, Exhaustion of rights, Grey online sales, Parallel imports, Trademark

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The Prague High Court as an appellate court issued its judgment in the case of Chanel S.A.S. against Notino s.r.o. (3 Cmo 107/2022-384 dated 28 November 2023) after an almost six-year legal battle with the Czech based online retailer Notino, a major European player in online sales of perfumery and cosmetics. The good news for…

Czech Republic, Defences, General Court, Infringement, Infringement action, Parallel imports, Supreme Court

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The Czech Supreme Court issued a judgment in the case of Fiskars Corporation against Mountfield a.s. (23 Cdo 5955/2017-231 dated 29 May 2019). Fiskars sued Mountfield, a home improvement and gardening retailer, among others, for trademark infringement consisting in illegal parallel imports from North America to the EU of Fiskars branded axes. The defendant did…

Italy, Parallel imports

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It is quite uncommon to have an administrative law Court ruling on IP matters, but sometimes it happens.  The Tribunale Amministrativo Regionale del Lazio (Lazio Regional Administrative Court, hereinafter TAR) was recently (decision of T.A.R. of Lazio No. 9050 of 29 August 2018) called to rule on pharmaceuticals parallel imports, more specifically whether or not…

CJEU, Parallel imports, pharmaceutical trademarks

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In the EU, any third party in possession of genuine goods put on the market in the European Economic Area (EEA) by the trade mark owner or with the trade mark owner’s consent is free to resell those goods within the EEA. This is because the EU imposes a system of “regional exhaustion”, which means…