CASE COMMENTS : BUYING POWER - CLEARANCE PHASE II (MERGER) - COMMITMENTS - HIGH MARKET SHARES - MARKET DEFINITION - MARKET POWER - RELEVANT MARKET - REMEDIES - UNILATERAL EFFECTS - DIVESTITURES - HORIZONTAL COMPETITION CONCERNS - SINGLE DOMINANCE

Resale forbidden discount traders: The ECJ rules that a clause provided in a leading license agreement prohibiting the resale of goods to discount traders allows the trademark holder to act in counterfeiting against the licensee that operated such resales and avoid the exhaustion of the rights when the discount trader’s activity infringes the trade mark prestige (Copad ; Christian Dior Couture)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 23 April 2009, Copad v. Christian Dior Couture, case C-59/08 Any selective distribution system is confronted with parallel distribution phenomena which the network promoter seeks to combat in order to preserve the coherence and economic viability of its distribution model. In this context, it is essential to stipulate that members of the network are prohibited from marketing the contract products to resellers outside the network. This so-called "watertightness" clause makes it possible to engage the contractual liability of the defaulting distributor and the tortious liability of the parallel reseller pursuant to Article L. 442-6, I, 6° C. Com. which

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Nicolas Éréséo, Resale forbidden discount traders: The ECJ rules that a clause provided in a leading license agreement prohibiting the resale of goods to discount traders allows the trademark holder to act in counterfeiting against the licensee that operated such resales and avoid the exhaustion of the rights when the discount trader’s activity infringes the trade mark prestige (Copad ; Christian Dior Couture), 23 April 2009, Concurrences N° 1-2010, Art. N° 30213, pp. 115-117

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