Strengthening of rights of brand owners in their fight against grey market goods

Our colleagues Dr. Rani Mallick and Dr. Bernd Weichhaus achieved an important victory against Amazon for our client Clarins before the Appeal Court in Berlin (case no. 5 U 1/18). According to the court’s decision, it is solely the online seller who bears the burden of prove to show that the distributed goods have been put on the market within the EEA with the trademark owner’s consent. Thus, the decision contributes to the strengthening of rights of brand owners. The article of the online magazine JUVE is available under the following link.