According to EU case law, the sale of tester bottles of perfume may infringe trademark rights in certain circumstances. In particular, infringement issues may arise in connection with: a trademark owner’s express prohibition of sale; a trademark owner’s right to recall a tester; the presentation of the product; and the absence of required consumer information…

Introduction On September 29 2010 the EU International Trade Committee approved a proposal for an EU-wide system of origin labelling for goods imported from third countries. The proposed EU regulation would affect specific categories of goods, such as clothing, textiles, footwear, ceramics and jewellery, and would apply to products destined for end users. It aims…

On April 23, 2009, the European Court of Justice (ECJ) held that if a licensee puts luxury goods on the market in contravention of a provision in a licensing agreement, even if it can be deemed to have done so with the trademark owner’s consent on the basis of Article 7 of the EU Trademark…

What happens when a licensee sells goods to a discount store in disregard of a provision in the licensing agreement? A balance must be struck between: the legitimate interest of the proprietor of the trade mark covered by the licensing agreement in being protected against a discount store which does not form part of the…