Anti- Counterfeiting

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

(Havlik Svorcik & Partners)/ /Leave a comment

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…

Anti- Counterfeiting, Case law, CJEU, EU trade mark law, European Union, Grey online sales, Infringement, Preliminary ruling, Reputation, Selective distribution system, Trademark

(Osborne Clarke, University of Wrocław)/ /Leave a comment
Amazon

Another high-profile Louboutin case, although this time it’s less about the protection of the red sole as such than the liability of online retail platforms. The Court of Justice (CJEU) handed down a preliminary ruling in a case involving Christian Louboutin on the one hand and Amazon on the other, one referred from Luxembourg and…

Anti- Counterfeiting, Bad faith, Brand Protection, Defences, Denmark, Transit of goods

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We need all the help we can get to fight counterfeit goods. Counterfeit goods are produced and distributed by organised criminal groups and this crime represents as much as 2.5 per cent of world trade, or USD 461 billion. For more information see Europol’s webpage here: https://www.europol.europa.eu/crime-areas-and-trends/crime-areas/intellectual-property-crime/counterfeiting-and-product-piracy. A Danish researcher and associate professor, Thomas Just…

Anti- Counterfeiting, Germany, Infringement action

(Löffel Abrar )/ /Leave a comment

The Regional Court of Munich was asked to decide on the question if an application for action by a right holder, based on the Customs Enforcement Regulation No. 608/2013 (“Customs Enforcement Regulation”), constitutes a dishonest obstruction of a competitor’s business under German unfair competition law. The court rejected the claim arguing that the provisions of…

Anti- Counterfeiting, Case law, Infringement, Russia, Trademark

(Lidings)/ /Leave a comment

On February 13, 2018, the Russian Constitutional Court issued a judgement in which it checked whether the existing regime of parallel import was in line with the Constitution. Although grey import has remained illegal, the burden of proof has dramatically changed: now infringers have almost 50 legal reasons to pay less and minimize the risks…

Anti- Counterfeiting, European Union

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Time flies so fast… It seems like only yesterday I informed on this blog about the EU Commission’s report on EU customs enforcement of intellectual property rights for 2015. And last week another report from the Commission – for 2016 – was released. As in previous years, the report contains statistical information about the detentions…

Anti- Counterfeiting, Spain

(Elzaburu)/ /1 Comment

On the occasion of World Anti-Counterfeiting Day on 30 June 2017, the annual report on counterfeit goods seizures carried out by national law enforcement agencies and the Inland Revenue Office in Spain in 2016 was presented at the Spanish Patent and Trademark Office. In 2016, a total of over 4 million counterfeit products were seized…