Zino Davidoff v. A&G Imports

2002 E.T.M.R. 9 (2001)

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Zino Davidoff v. A&G Imports

European Court of Justice
2002 E.T.M.R. 9 (2001)

Facts

Zino Davidoff SA (Davidoff) (plaintiff) owned two trademarks, Cool Water and Davidoff Cool Water, for a series of toiletries and cosmetics. In 1996, Davidoff entered into a distribution contract with a trader in Singapore. The parties agreed that the contract would be subject to German law and that the products would be sold outside of the European Economic Area. Later, A&G Imports Ltd (A&G) (defendant) imported some of Davidoff’s products from Singapore and began selling them within the United Kingdom, part of the European Economic Area. Davidoff brought suit against A&G in the England and Wales High Court of Justice, Chancery Division, in 1998 and alleged that A&G’s importation and sale of the goods within the United Kingdom violated Davidoff’s trademark rights. The High Court of Justice stayed proceedings and referred the legal question of whether the use of a trademark outside of the European Economic Area constitutes consent to the European Court of Justice.

Rule of Law

Issue

Holding and Reasoning ()

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