PARALLEL TRADING CASE

BY KEITH NUTHALL
THE RIGHTS of cosmetic and perfume retailers to sell re-exported products cheaply on the grey parallel market - against the wish of a manufacturer - have been weakened by a surprise European Court of Justice ruling.

It has acted unusually by ignoring a preliminary legal opinion by an ECJ Advocate General, who said that the right of a trademark holder to "control the initial distribution of goods within the European Economic Area," (the EU, plus Norway and Iceland), was limited when they had been released to a third ...


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