The EU Commission rejects an application for interim measures lodged by luxury car manufacturer concerning possible abuses of trademark rights (Vickers / Rolls-Royce)

"Vickers/Rolls-Royce"* On 6 April 1998, the Commission adopted a Decision rejecting an application for interim measures lodged by Vickers PLC. On the occasion, it pointed out that, at the stage of a prima facie appraisal, the assessment under competiton law of a clause granting the trade mark owner the power to terminate a trade mark licence upon a change of control of the licensee did not seem to be different from that of a provision preventing the licensee from assigning or sublicensing the benefit of the agreement to third parties. The Commission has not considered the latter clause as anticompetitive, but recognizes that it is a provision intended to provide the trade mark owner with the means to ensure that the quality associated with the mark is maintained. In January 1998,

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  • Studio Legale Clarizia (Rome)

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Paolo Ziotti, The EU Commission rejects an application for interim measures lodged by luxury car manufacturer concerning possible abuses of trademark rights (Vickers / Rolls-Royce), 6 April 1998, e-Competitions Interim measures, Art. N° 39380

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