Higher Regional Court of Dusseldorf confirms sales ban of Issey Miyake and Shiseido products on real.de
09.01.2024
Ban on distribution of luxury brands on online-platform real.de confirmed: After a long-standing dispute, Shiseido Germany GmbH have achieved a significant success in their fight against grey market products. In 2022, the District Court of Dusseldorf found that the presentation of Shiseido and Issey Miyake products on the real.de website harmed the luxury image of these cosmetic and perfume brands and is therefore not permitted. Upon Real’s appeal, the Higher Regional Court has now confirmed the luxury image of the Shiseido and Issey Miyake brands, as well as the detrimental sales environment of the discounter online platform real.de.
The court particularly pointed out that also in the online world, diverse sales experiences are possible and appreciated by the consumer; as well as online shops which lack any prestigious character, there are also online shops with various levels of prestigious character. According to the Court, the presentation of Issey Miyake and Shiseido products in the usual, functional and non-prestigious way that is typical for the discounter platform real.de is therefore damaging to the images of the brands and thus infringes the respective trademarks.
We consider this decision to be a remarkable success for the owners of luxury and prestigious brands since it extends the case law on prestige-damaging sales environments in retail stores in the online world. Congratulations to our Berlin colleagues Eva Maierski, Dr. Rani Mallick and Luca Kowalewski who represented our client in this case.