The German Federal Court of Justice rules on burden of proof for showing exhaustion of trade mark right (Amazon / Coty)

On 15 October 2020, the German Federal Court of Justice (“FCJ”) issued a judgment on the burden of proof for showing the exhaustion of trademark rights in a case pitting Coty against Amazon. After having made a test purchase from Amazon of two bottles of a perfume bearing the “JOOP!” trademark on the amazon.de platform, Coty, authorised by the trademark owner belonging to the Coty group, claimed trade mark infringement and applied for an injunction prohibiting Amazon from continuing the sale of the “JOOP!” products. Under EU trade mark law, the EU trade mark rightsholder cannot prohibit the use of the trade mark in relation to goods that were put on the EEA market under that trade mark by him or with his consent. In such a case, the rightsholder’s trade mark rights are considered to have

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  • Van Bael & Bellis (Brussels)

Quotation

Katharina Bongs, The German Federal Court of Justice rules on burden of proof for showing exhaustion of trade mark right (Amazon / Coty), 15 October 2020, e-Competitions October 2020, Art. N° 98189

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