Harman International Industries (Opinion) French Text [2022] EUECJ C-175/21_O (16 June 2022)

Harman International Industries (Opinion) French Text [2022] EUECJ C-175/21_O (16 June 2022)

EU law does not preclude national courts from using general formulations in orders regarding trademark protection, provided the defendant can contest product determinations during enforcement and a court can decide which goods were placed on the EEA market with the trademark holder's consent. Where the defendant...

Source-derived case information.

Citation
[2022] EUECJ C-175/21_O
Parties
Applicant: Harman International Industries, Inc.; Respondent: AB SA
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Opinion delivered; recommends interpretation to the Court
Legal Topics
Trademark Exhaustion, Burden of Proof, Effective Judicial Protection, Free Movement of Goods
Intellectual Property European Union Law Civil Procedure Trademark Exhaustion Burden of Proof Effective Judicial Protection Free Movement of Goods

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Parties

Harman International Industries, Inc.

Applicant

AB SA

Respondent

Procedural Posture

Preliminary Reference / Opinion of Advocate General

  1. 1 Compatibility of general formulation in judicial orders with EU principles of free movement and effective judicial protection
  2. 2 Burden of proof regarding trademark exhaustion
  3. 3 Consent for placing goods on the EEA market

Ratio Decidendi

EU law does not preclude national courts from using general formulations in orders regarding trademark protection, provided the defendant can contest product determinations during enforcement and a court can decide which goods were placed on the EEA market with the trademark holder's consent. Where the defendant invokes exhaustion but lacks access to necessary information, the national court must consider shifting the burden of proof if distribution is exclusive or proof is practically impossible.

Court Disposition

Opinion delivered; recommends interpretation to the Court