TRADE MARK/IMPORTATION REFERENCE

Edward Tomlinson of Frohwitter has tipped the IPKat off about a German trade mark reference to the ECJ. He writes:

Following the referral to the ECJ in respect of Class International v Unilever. The Federal Court of Justice has also referred a case regarding transit of trade marked goods.

This case relates to clothes bearing the mark DIESEL which is registered in Germany but not in the Republic of Ireland, the home of the defendant. The defendant has jeans produced in Poland and these are transported, via Germany, to Ireland. The Court ín Germany has referred the question as to whether the registered mark gives the proprietor the right to prohibit the simple transfer of goods bearing the mark. Directive 89/104/EEC provides explicitly for a prohibition of importing or exporting goods which infringe the mark but not a prohibition for goods in transit.

The IPKat says thanks Edward! Merpel says, this ought to fuel some debate.