The Prague High Court as an appellate court issued its judgment in the case of Chanel S.A.S. against Notino s.r.o. (3 Cmo 107/2022-384 dated 28 November 2023) after an almost six-year legal battle…
On 18 January 2024, in case C-367/21 (still no English version) the CJEU ruled again on the exhaustion of EU trade mark rights (following its five rulings of 17 November 2022 including C-175/21…
The Delhi High Court recently in the case of Coty Germany GmBH v. Xeryus Retail Private Limited (CS(COMM) 1298/2018 & I.A. 8603/2023) permanently restrained two websites, namely perfumery.co.in…
On 13 October 2022 the Court of Justice (CJ) issued a preliminary ruling on corrective measures under the Enforcement Directive 2004/48. In this case (Case C-355/21), Procter & Gamble filed a…
As with other aspects of trade mark law, the UK and EU have adopted asymmetrical arrangements about exhaustion post-Brexit. The arrangements result in uneven outcomes on enforcement against parallel…
Parties and Mark
The defendant is an Amazon entity. It is responsible for Amazon’s keyword advertising on Google Ads (formerly Adwords). The plaintiff is the exclusive licensee of the trademark BOSS…
The German Federal Supreme Court recently ruled that the use of only one trademark in search engine advertisements by Amazon was trademark infringing when the underlying link led to a list of offers…
In Germany, the Higher Regional Court Düsseldorf decided that trademark rights were not exhausted in a case where luxury cosmetic products were offered at a German discounter. The Court held that the…
In a judgement of April 2018, the Regional Court of Hamburg has ruled on the use of original advertising material by non-authorized dealers and on how trademark law can bypass copyright law (308 O…