On January 4 2010 the US Court of Appeals for the Ninth Circuit established that the distribution, by the copyright owner, of promotional CDs for marketing purposes involved a transfer of ownership of such CDs to the recipients, regardless of the fact that such copies were labelled ‘promotional use only – not for sale’, thus…

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…

1. La sentenza del Tribunale di Commercio di Parigi Il 30 giugno 2008 il Tribunale di Commercio di Parigi ha condannato in solido eBay Inc. e eBay International AG a risarcire alla società Louis Vuitton Malletier SA, società interna al gruppo francese leader nel settore del lusso LVMH, i danni derivanti dall’aver consentito la vendita…