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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]
- Subjects :
- FREE trade
RESALE
TRADEMARKS
CIVIL procedure
INTELLECTUAL property
UNFAIR competition
Subjects
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