ALERTS : DISTRIBUTION - TRADE INTERMEDIARY - TRADEMARK - USE

Trade intermediary : The EU Court of Justice holds that a trade intermediary, by selling products in its own name but on behalf of its principal, uses the trademark within the meaning of Article 9 of the EC regulation on the Community trademark (Brandtraders)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts Brandtraders operates a website on which Internet users can anonymously place an ad as a seller or as a buyer and where they can also anonymously negotiate their transactions. Brandtraders, as soon as it is informed of the acceptance of the offer of sale, concludes a contract of sale with the buyer, as agent of the seller, i.e. in its own name but on behalf of the seller. Following a sale of Smirnoff Ice bottles in which Brandtraders acted as agent, UDV, the proprietor of the Community trade mark Smirnoff Ice, brought an action for an injunction against Brandtraders. The Court of First Instance declared the action well founded, holding that

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Didier Ferrier, Régis Pihéry, Trade intermediary : The EU Court of Justice holds that a trade intermediary, by selling products in its own name but on behalf of its principal, uses the trademark within the meaning of Article 9 of the EC regulation on the Community trademark (Brandtraders), 19 February 2009, Concurrences N° 2-2009, Art. N° 29615, www.concurrences.com

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