CLASS 46
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.
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WEDNESDAY, 2 APRIL 2008
Copad exhaustion dispute goes to ECJ
Tags: Reference for a preliminary ruling,
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Copad exhaustion dispute goes to ECJ
A new reference for a preliminary ruling from the Cour de Cassation (France) lodged on 15 February 2008, in Case C-59/08, has just been posted on the Curia website. Copad SA v Christian Dior Couture SA, Vincent Gladel, acting as receiver of Société industrielle de lingerie (SIL) and Société industrielle de lingerie (SIL). The questions referred are as follows:
"1. Must Article 8(2) of First Council Directive No 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks be interpreted as meaning that the proprietor of a trade mark can invoke the rights conferred by that trade mark against a licensee who contravenes a provision in the licensing contract prohibiting, on grounds of the trade mark's prestige, sale to discount stores?Posted by: Blog Administrator @ 09.50
2. Must Article 7(1) of that directive be interpreted as meaning that a licensee who puts goods bearing a trade mark on the market in the European Economic Area in disregard of a provision of the licensing contract prohibiting, on grounds of the trade mark's prestige, sale to discount stores, does so without the consent of the trade mark proprietor?
3. If not, can the proprietor invoke such a provision to oppose further commercialisation of the goods, on the basis of Article 7(2) of that directive?"
Tags: Reference for a preliminary ruling,
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