Media & Resources
The person having imported infringing goods continues to be liable for its destruction, even if the goods have been sold to third parties.
DATE: October 28, 2015 | AUTHOR: atlawyers
The person having imported infringing goods continues to be liable for its destruction, even if the goods have been sold to third parties. According to Ruling of the RF Supreme Court (at presence only operative part is publicly available) LLC “Aqualife” imported and sold water of trademark «Vittel» within the RF territory without the consent of the rightholder – “Nestle Waters France”. The RF Supreme Court obliged LLC “Aqualife” to withdraw the goods from the market and to destroy them without compensation, with reference to the provisions of p. 4 of art. 1252 of the RF Civil Code, although the goods were in possession of third parties.