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Infringements Arising from the Unauthorised Resale of the Proprietor's Products.

Source :
GRUR International: Journal of European & International IP Law; Jun2024, Vol. 73 Issue 6, p558-561, 4p
Publication Year :
2024

Abstract

This document provides a summary of a court case in France involving the unauthorized resale of Chanel products. The court ruled that distributing free samples of the products does not give permission to sell them, and the trademark owner's rights are not exhausted. The court also determined that selling cosmetic products without their original packaging damages their condition and allows the trademark owner to oppose further marketing. The defendant's actions were classified as parasitic, as they involved comparing prices and inviting customers to test the products at the plaintiff's authorized retailer before purchasing them at a lower price from the defendant's shop. The appeal court upheld these rulings, dismissing the appeal and ordering the defendant to pay the costs. [Extracted from the article]

Details

Language :
English
ISSN :
26328550
Volume :
73
Issue :
6
Database :
Complementary Index
Journal :
GRUR International: Journal of European & International IP Law
Publication Type :
Academic Journal
Accession number :
178089432
Full Text :
https://doi.org/10.1093/grurint/ikae039