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a) A person who on behalf of a third party stores goods that infringe trade mark rights without having knowledge of that infringement does not possess these goods for the purpose of offering them or putting them on the market within the meaning of Art. 9(2)(b)) Community Trade Mark Regulation (CTMR) and Art. 9(3)(b)) European Union Trade Mark Regulation (EUTMR) if that person does not themself pursue those aims (following CJEU, GRUR 2020, 637 – Coty Germany/Amazon Services Europe and Others).
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b) The claim for inspection under Sec. 19a(1) of the German Trade Mark Act includes as a lesser alternative the obligation to disclose features (such as serial numbers) of the goods whose inspection is to be permitted.
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Notes
Editor’s Note: We believe that the Court may have mistakenly cited Art. 101(2) EUTMR, having intended to cite either Art. 101(2) CTMR or its currently applicable equivalent, Art. 129(2) EUTMR.
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Translation from the German by Allison Felmy. Official headnotes.
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Regulation (EC) No. 207/2009, Arts. 9(1)(a), 9(2)(b)), 22(3) first sentence; Regulation (EC) No. 2017/1001, Arts. 9(2)(a), 25(3) first sentence; Trade Mark Act, Secs. 19(1) and (2), 19a(1). “Davidoff Hot Water IV”. IIC 53, 288–302 (2022). https://doi.org/10.1007/s40319-022-01153-2
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DOI: https://doi.org/10.1007/s40319-022-01153-2