Trademark issues Tommy Hilfiger

Good Law has assisted Tommy Hilfiger in a trademark case concerning parallel trade of branded clothing from America to the European Union. Tommy Hilfiger claimed that the U.S. company Premium Distribution Corp. infringed its trademarks because it marketed, sold and/or offered for sale Premium clothing bearing those trademarks (which was intended for the North American market) in the European Union, without the consent or knowledge of Tommy Hilfiger c.s. Premium has also used the trademarks of Tommy Hilfiger on (isolated) parts of its website accessible from the entire European Union, and in other documents for business use such as offer mails, invoices and the "brand list" mentioned in the subpoena. 

Premium has not disputed that it has carried out the aforementioned acts, but defends that it has not infringed because it only offers and delivers "Ex Works". This means that the risk, from the moment the shipments are sent by Premium, lies with the buyer. However, the Court has considered that the method of delivery is not relevant for the wrongful act. Therefore, the manner in which Premium Distribution has delivered its goods, does not affect its liability for (trademark) infringement against Tommy Hilfiger, according to the Court. The sale and delivery of products to retailers located in the European Union constitutes, in the opinion of the Court, trademark infringement in the European Union, regardless of the manner of transport. Read the ruling here (only available in Dutch).