CASE COMMENT : DISTRIBUTION - SELECTIVE DISTRIBUTION - TRADEMARK LICENSEE

Selective distribution : The ECJ holds that a trademark licensee who sells trademarked products outside the owner’s selective distribution network may be found liable for infringement (Copad)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, April 23, 2009, Copad v. Christian Dior couture, Case C-59/08 Facts The owner of a prestigious trademark had entered into a trademark licensing agreement for the manufacture and distribution of lingerie products. This contract stipulated that "in order to preserve the notoriety and prestige of the brand, the licensee undertakes not to sell to wholesalers, communities, discount stores, mail order companies, through the door-to-door system or apartment sales unless the prior written agreement of the licensor, and shall take all steps to ensure that this rule is respected by its distributors or retailers". Due to economic difficulties, the licensee had

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Dominique Ferré, Selective distribution : The ECJ holds that a trademark licensee who sells trademarked products outside the owner’s selective distribution network may be found liable for infringement (Copad), 23 April 2009, Concurrences N° 3-2009, Art. N° 29641, www.concurrences.com

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