Trade Mark/Importation Reference

Edward Tomlinson of Frohwitter has tipped the IPKat off nigh a German linguistic communication merchandise seat reference to the ECJ. He writes:

Following the referral to the ECJ inwards observe of Class International v Unilever. The Federal Court of Justice has too referred a case regarding transit of merchandise marked goods.

This example relates to clothe bearing the seat DIESEL which is registered inwards Deutschland simply non inwards the Republic of Ireland, the domicile of the defendant. The accused has jeans produced inwards Poland too these are transported, via Germany, to Ireland. The Court ín Deutschland has referred the inquiry equally to whether the registered seat gives the proprietor the correct to prohibit the uncomplicated transfer of goods bearing the mark. Directive 89/104/EEC provides explicitly for a prohibition of importing or exporting goods which infringe the seat simply non a prohibition for goods inwards transit.

says thank yous Edward! Merpel says, this ought to fuel closed to debate.