Good Law successfully represented Tommy Hilfiger in a trademark law case concerning parallel trade of US branded apparel into the European Union. Read more about the ruling and its implications.
Good Law has represented Tommy Hilfiger in a complex trademark law matter concerning parallel trade in branded clothing. The case concerned clothing destined for the North American market that was sold and offered for sale in the European Union without authorisation.
Parallel trade and trade mark infringement
US distributor Premium Distribution Corp was marketing Tommy Hilfiger clothing on the European market without permission. Besides physically selling the products, the brands were also used on websites accessible from the European Union and in business communications such as offer emails, invoices and a ‘brand list’.
Although Premium did not dispute that these acts had taken place, the company invoked the ‘ex works’ principle. This states that the responsibility and risks of the shipment lie with the buyer once the products have been shipped.
Judgment of the court
The court rejected Premium’s defence. It held that the method of delivery (‘ex works’) was not relevant to the question of trademark infringement. The use and sale of the products in the European Union constituted trade mark infringement, regardless of how the transport was arranged.
This judgment confirms that companies cannot use transport defences to justify trade mark infringement. The sale and supply of products to European retailers without consent violates trademark law.
Conclusion, according to Good Law
The ruling highlights the importance of strict adherence to trademark rights, especially in international trade. Good Law remains committed to helping companies like Tommy Hilfiger protect their intellectual property.
