The EU Court of Justice rules against imported perfume “tester” resale (Coty Prestige Lancaster Group)

On 3 June 2010, the Court of Justice of the European Union (“ECJ”) added another judgment to its line of case-law concerning the trademark exhaustion rules. In Case C-127/09, Coty Prestige Lancaster Groupv. Simex Trading, the ECJ ruled that a German trader cannot sell imported perfume “testers” of brands marketed by perfumes group Coty Prestige, as the trademark rights – including the right to

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  • Van Bael & Bellis (Brussels)

Quotation

Peter L'Ecluse, The EU Court of Justice rules against imported perfume “tester” resale (Coty Prestige Lancaster Group), 3 June 2010, e-Competitions Bulletin June 2010, Art. N° 41495

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