Sebago Inc. v. GB-Unic SA

1999 E.T.M.R. 681 (1999)

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Sebago Inc. v. GB-Unic SA

European Court of Justice
1999 E.T.M.R. 681 (1999)

Facts

Sebago, Inc. (plaintiff) (Sebago) was an American corporation that held trademarks to the name Docksides in the European Union. Sebago alleged that GB-Unic SA (GB) (defendant) infringed these trademarks by marketing goods within the European Union. However, GB bought these allegedly infringing goods outside of the European Union, in El Salvador. Sebago had previously given consent for others to use the trademark in marketing other batches of this same set of goods in the European Union. Sebago contended that in order for GB’s marketing to have been consensual, GB would have to have had to buy the goods from a dealer to which Sebago had given consent within the European Union. After a ruling by a court of appeals in Brussels, the case was brought to the European Court of Justice to address the legal questions.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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