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Another win for perfume brands before the CJEU

  • Wragge & Co LLP
  • -
  • European Union, Germany
  • -
  • July 23 2010

The Court of Justice of the European Union (CJEU) has confirmed that perfume testers that were marked "Not for Sale" were not put on the market in the European Economic Area (EEA) by the marks' proprietors or with its consent in accordance with Article 13(1) of the Community Trade Mark Regulation (EC) No 4094 (the Regulation)and Article 7(1) of the Trade Marks Directive (the Directive