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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FRIDAY, 16 MAY 2014
ROLEX ruling: Danes apply Court of Justice ruling
From MARQUES Communication and Membership Team chair Hanne Weywardt (MAQS LAW FIRM) comes the welcome news for trade mark owners that the Danish Supreme Court gave its decision yesterday morning in the ROLEX case. That court has now upheld the decision of the trial court, applying the ruling of the Court of Justice of the European Union of 6 February 2014 (noted on Class 46 here) that trade mark-infringing watches sent by post to private purchasers could be detained, confiscated and then destroyed by customs, without the purchaser's consent and without him receiving any compensation.
The private individual buying one pirated and counterfeited ROLEX watch for private use has thus been forced to accept destruction of the watch by Customs without his consent and without compensation. The private individual was ordered to pay a total of € 18,000 in court costs to ROLEX for both court instances.
The decision can be accessed in Danish here.
Posted by: Blog Administrator @ 17.47
Tags:
imports for private use, ROLEX,
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