ECJ Neither the rules of the Treaty on the free movement of goods nor those on the putting into free circulation of products coming from third countries nor, finally, the principles governing the common commercial policy, prohibit the proprietor of a treade mark in all the member states of the community from exercising his right in order to prevent the importation of similar products bearing the same mark and coming from a third country. Nor may the provisions of the treaty on the free movement of goods be invoked for the purpose of prohibiting the proprietor of the mark in the territories of the member states from exercising his right in order to prevent another proprietor of the same mark in a third country from manufacturing and marketing his products within the community, either himself or through his subsidiaries established in the community.
‘neither the rules of the Treaty on the free movement of goods nor those on the putting into free circulation of products coming from third countries nor, finally, the principles governing the common commercial policy, prohibit the proprietor of a mark in all the Member States of the Community from exercising his right in order to prevent the importation of similar products bearing the same mark and coming from a third country.’
Citations:
[1976] ECR 811, C-51/75, R-51/75, [1976] EUECJ R-51/75
Links:
Cited by:
Cited – Levi Strauss and Co and Another v Tesco Stores Ltd and Others ChD 31-Jul-2002
Pumfrey J discussed the principle of European law disallowing so called grey imports in breach of trade mark law, as set out in EMI v CBS, and said that it: ‘could hardly be clearer. It has formed, with the principle of exhaustion, the basis for the . .
Cited – Oracle America Inc v M-Tech Data Ltd SC 27-Jun-2012
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding . .
Lists of cited by and citing cases may be incomplete.
European, Intellectual Property
Updated: 21 May 2022; Ref: scu.132217