Hermes International v. FHT Marketing Choice BV

1998 E.T.M.R. 425 (1998)

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Hermes International v. FHT Marketing Choice BV

European Court of Justice
1998 E.T.M.R. 425 (1998)

Facts

Hermes International (Hermes) (plaintiff) owned the rights to the name Hermes as well as its associated trademarks. Hermes used marks of the word Hermes on neckties that it sold. Hermes believed that FHT Marketing Choice BV (FHT) (defendant) was selling and marketing ties with the Hermes mark on it. Hermes applied in the district court of Amsterdam for an order preventing FHT from continuing to use the Hermes name and mark, and the district court granted such an order. Additionally, Hermes requested that the district court place a time limitation of three months for FHT to contest revocation of the order. The district court did not grant this second request and instead referred the legal question to the European Court of Justice.

Rule of Law

Issue

Holding and Reasoning ()

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