The existence of a selective distribution network may be included among the ‘legitimate reasons’ for not exhausting trademark rights, provided that it complies with antitrust law, the trademarked product is a luxury item and there is a real harm to the image of prestige the manufacturer seeks to maintain through the adoption of a selective

A landmark decision of the European Court of Justice (ECJ) issued on 6 December 2017 confirmed that a supplier of luxury goods may prohibit authorised retailers part of a selective distribution system from selling its products on third party e-commerce platforms.[1]

In the case at issue the request for a preliminary ruling was submitted

The famous Italian luxury brand Ferragamo has recently won a case before the Court of Milan (judgement no. 7940/2017) concerning counterfeiting of its signature metallic-plate-ribbon applied at the tip of the “Vara” shoes, as shown in the image below.

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The Florentine maison was taken to Court by two Chinese footwear shops owners located in Milan’s Chinatown; they requested a declaration of non-infringement for their products represented below.

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