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Coty Prestige Lancaster Group GmbH v. Simex Trading AG

Case C-127/09 (2010)

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Coty Prestige Lancaster Group GmbH v. Simex Trading AG

European Union Court of Justice
Case C-127/09 (2010)

Facts

German company Coty Prestige Lancaster Group GmbH (Coty Prestige) (plaintiff) manufactured and marketed perfumes under its own trademarked brands as well as those of third parties. Coty Prestige had authorized specialist dealers around the world for whom it provided perfume-tester bottles. These bottles, which were explicitly marked as not for sale, were intended to be used for demonstration or advertising purposes. Swiss company Simex Trading AG (defendant) imported test bottles from authorized dealers of Coty Prestige located in Singapore and the Middle East. Simex Trading then placed these bottles for sale in Germany. Coty Prestige sought an injunction against Simex Trading in the German court system. Simex Trading responded by arguing that Coty Prestige’s trademark-based rights in the test bottles were exhausted—that is, lost—when Coty Prestige made the bottles available to dealers outside the European Economic Area (EEA). The German court agreed with Simex Trading’s argument. Coty Prestige appealed. The appeals court referred the matter to the European Union Court of Justice for a preliminary ruling.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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