Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
MONDAY, 24 SEPTEMBER 2012
Danish ROLEX customs seizure heads for Court of Justice
Last year the Danish Maritime and Commercial Court, in a controversial judgment which attracted a lot of attention (noted on Class 46 here), ruled that the Danish customs was entitled to destroy all counterfeits seized by the customs, without any compensation to the consignee, even when the consignee is a consumer -- and even, as in this case, where the consignment in question consisted of a single item, a ROLEX watch. The zero tolerance of counterfeits stated in this decision was valuable for all brand owners, but was questioned by some Danish law professors, and the decision was appealed to the Supreme Court.
The decision at the Danish Supreme Court had been expected on 19 September. However the Supreme Court decided to request a preliminary ruling from the Court of Justice of the European Union (CJEU), making the decision relevant and of prime significance for all countries in Europe.
Class 46 thanks Jeppe Brogaard Clausen (MAQS Law Firm, Copenhagen) for this information.
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