EU & UK Competition Law

    View Author April 2009

    Preliminary ruling by European Court of Justice gives important interpretation of Trade Mark Directive

    The European Court of Justice (ECJ) has given a preliminary ruling on a matter of law which gives an important interpretation of the Trade Mark Directive. The ECJ concluded that the owner of a trade mark may oppose the sale of its luxury goods if the sale is in breach of provisions of the licence agreement. When giving its decision, the ECJ focused on the fact that sales by one of the parties, a discount store, were harming the allure and prestigious nature of the trade marked luxury goods.

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