PARALLEL TRADING CASE

BY KEITH NUTHALLTHE RIGHTS of cosmetic and perfume retailers to sell re-exported products cheaply on the grey parallel market - against the wish of a manufacturer - are likely to be strengthened by an oncoming European Court of Justice ruling.In a preliminary legal opinion, ECJ Advocate General Stix-Hackl has 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 "not unlimited." This included "sales bans or territorial restrictions on the right of the ...


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