Debranding: A Form of Trade Mark Infringement? A Discussion of the CJEU Decision in Mitsubishi/Duma

摘要

The Court of Justice recently rendered a decision in which the question came up whether debranding of products is a form of trade mark infringement. It concerned products that were imported into the EU by a third party after having been debranded. The court concluded that it is, because the act of debranding conflicts with the right of the trade mark owner to control the first placing on the EU market of his products. The author argues that the reasoning leading up to this conclusion is wrong.