ONLINE SALE OF LUXURY GOODS. PROHIBITION OF SALE FOR A RETAILER OUTSIDE THE SELECTIVE DISTRIBUTION NETWORK
The Court of Milan, Enterprise Section, by order no. 3755 of 11 May 2021, reaffirmed a well-known principle concerning luxury brands and selective distribution networks.
The Court ruled that a trademark owner who sells luxury products through a selective distribution network may object to sales made, including online, by another retailer outside the network, if such sales methods do not comply with the quality standards required by the its proprietary selective system and are therefore detrimental to the prestige and image of the luxury products and the relevant trademark.
In this case, the Courts upheld the action brought by a company owning a well-known perfume brand against an online retailer of body and hair care products, which was not part of the applicant's selective distribution network. The Court stopped the retailer from continuing unauthorised sales, imposed a penalty for infringement and ordered the publication of the extract of the order on the retailer's website.
avv. Marco Falsiroli
The European Court of Justice (award C-284/16 of March 6, 2018) established that the arbitration clauses set in Bilateral Investment Treaties (BITs) are incompatible with EU law because of their adverse effect on the autonomy of EU law.
Last April at the headquarters of the United Nations in New York, the Working Group 3 convened under the auspices of the United Nations Commission on International Trade Law (UNCITRAL) discussed the conditions for a possible reform of the international investment dispute settlement system.
RIGHT OF THE COMMERCIAL AGENT TO AN INDEMNITY OR COMPENSATION FOR DAMAGE FOLLOWING TERMINATION OF THE COMMERCIAL AGENCY CONTRACT DURING THE TRIAL PERIOD
According to the European Court of Justice (ECJ), the right to indemnity and to compensation for damage, provided for by article 17 of Directive 86/653 to commercial agents, is applicable even if the termination of the contractual relationship between the principal and the commercial agent occurs during the trial period (April 19, 2018 (C-645/16)).