COLGATE PALMOLIVE NETHERLANDS TOOTHPASTE IMPORT CASE – ECJ
October 3rd, 2005
BY KEITH NUTHALL
COSMETICS and soap trademark holders must be able to prove they are acting on firm knowledge when insisting a consignment of their products owned by a third party be blocked over concerns that they are counterfeit, the European Court of Justice (ECJ) has ruled. In a case involving Britain's SmithKline Beecham plc, and the Beecham Group plc (both part of GlaxoSmithKline), judges said it is "is for the trade mark proprietor to prove the facts which would give grounds for exercising the right of prohibition", in any subsequent litigation. ...
Full access to this article can be arranged with permission from the client that first ordered it. Please contact us to request access. Entries are uploaded to our archive at least one year after being published by a client – free access is restricted to International News Services journalists for background research only. The article date indicates when copy was filed to a client, not when posted to this archive. Upon client requests, International News Services will remove such articles from the archive or not upload them in the first place. They are included to demonstrate the breadth of topics undertaken by the agency and also to help promote clients’ coverage.