Soda-Club (CO2) and SodaStream International (Judgment) French Text [2022] EUECJ C-197/21 (27 October 2022)

Soda-Club (CO2) and SodaStream International (Judgment) French Text [2022] EUECJ C-197/21 (27 October 2022)

A trademark owner who has marketed products intended for repeated reuse and refilling cannot oppose further commercialisation by a reseller who refills and relabels the product, leaving the original mark visible, unless the new labeling creates a false impression of an economic link between the reseller and the...

Source-derived case information.

Citation
[2022] EUECJ C-197/21
Parties
Applicant: Soda-Club (CO2) SA; Applicant: SodaStream International BV; Respondent: MySoda Oy
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment
Outcome
reference answered; guidance provided to national court
Legal Topics
Exhaustion of Trademark Rights, Relabeling and Reconditioning, Parallel Trade, Risk of Confusion, Commercialisation of Branded Products
Intellectual Property Trademark Law EU Law Exhaustion of Trademark Rights Relabeling and Reconditioning Parallel Trade Risk of Confusion Commercialisation of Branded Products

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Summary, issues, holding and outcome

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Parties

Soda-Club (CO2) SA

Applicant

SodaStream International BV

Applicant

MySoda Oy

Respondent

Procedural Posture

Preliminary Reference / Judgment

  1. 1 Whether the trademark owner can oppose further commercialisation of products after relabeling by a reseller when the original mark remains visible
  2. 2 Applicability of Bristol-Myers Squibb conditions to intra-member state relabeling
  3. 3 Assessment of risk of confusion regarding economic links between reseller and trademark owner

Ratio Decidendi

A trademark owner who has marketed products intended for repeated reuse and refilling cannot oppose further commercialisation by a reseller who refills and relabels the product, leaving the original mark visible, unless the new labeling creates a false impression of an economic link between the reseller and the trademark owner. The risk of confusion must be assessed globally based on product indications, labeling, distribution practices, and consumer awareness.

Court Disposition

reference answered; guidance provided to national court

Orders

  • Trademark owner cannot oppose further commercialisation unless new labeling creates risk of confusion about economic link.
  • Risk of confusion must be assessed globally based on product and labeling indications, sector practices, and consumer knowledge.