ECJ RULES ON DIESEL JEANS TRADEMARK INTERNATIONAL TRANSIT CASE

BY KEITH NUTHALL CLOTHING manufacturers without trademark rights to a brand in a particular European Union (EU) country, cannot rely on such rights in another EU state to prevent rivals transporting goods carrying this mark: this principle has been recommended to the European Court of Justice (ECJ) by an ECJ advocate general saying "in the absence of uncertainty" that rival manufacturers will not sell such brands in the transit country, EU law stops original manufacturers using local trademark rights to block transports. The case involves Diesel trying ...


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