Managing Intellectual Property

Dior triumphs in ECJ resale case

27 April 2009

Managing Intellectual Property

Luxury goods companies received a boost from Europe’s highest court last week after the ECJ ruled that trade mark owners can oppose the resale of their products by discount stores

In its ruling in a lawsuit between couture company Christian Dior and Copad, which owns a chain of discount shops that sells remaindered stock, the European Court of Justice said that a trade mark owner can bring an action against a licensee who has breached a provision in the licence agreement not to sell to discount stores, provided that the breach damages the "allure and prestigious image" which give the...



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