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
Selective distribution and trademark enforcement: recent trends
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.
In the case at issue the request for a preliminary ruling was submitted…
No matter how rough, it is still counterfeiting!
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.
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.
Continue Reading No matter how rough, it is still counterfeiting!