Selective distribution system

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…

Exhaustion of rights, Germany, Selective distribution system

(Lubberger Lehment )/ /Leave a comment

In a judgement of April 2018, the Regional Court of Hamburg has ruled on the use of original advertising material by non-authorized dealers and on how trademark law can bypass copyright law (308 O 231/16). The plaintiff manufactures saddle bags and other high quality cycling accessories. The defendant is an online retailer with numerous online…

European Union, Selective distribution system

(Lubberger Lehment )/ /Leave a comment

On June 14, 2017, the Commission opened investigations against Nike, Universal Studios and Sanrio (“Hello Kitty”) for their distribution and licensing practices. The Commission suspects that the companies are containing online and cross-border sales by their dealers and licensees and thereby violate EU Competition law. These are probably the most prominent investigations into the distribution…