Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/07/2016

Subject: The Court affirmed that the tenant of market halls who sublets the various sales points situated in those halls to market-traders, some of whom use their pitches in order to sell counterfeit branded products, falls within the concept of ‘an intermediary whose services are being used by a third party to infringe an intellectual property right’. The conditions for an injunction against an intermediary who provides a service relating to the letting of sales points in market halls are identical to those for injunctions which may be addressed to intermediaries in an online marketplace

Parties: Tommy Hilfiger Licensing e a.

Classification: Freedoms - Art. 17 Intellectual property

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