<OrderedList><ListItem><ItemNumber>1.</ItemNumber><ItemContent>If the trade mark-infringing acts alleged against the defendant consist in the electronic display of advertisements and offers for sale of goods, it must be assumed that these acts were committed in the territory of the Member State in which the consumers or traders addressed by these advertisements and offers are located, regardless of the fact that the defendant is established in the territory of another Member State, that the server of the electronic network it uses is located in the territory of another Member State or that the goods that are the subject of the advertising and sales offers are located in the territory of another Member State (in keeping with CJEU, judgment of 5 September 2019 – C-172/18, GRUR 2019, 1047 [juris paras. 46 et seq.] = WRP 2019, 1437 – AMS Neve and Others [IIC 51:665 (2020), <a href="https://doi.org/10.1007/s40319-020-00951-w">https://doi.org/10.1007/s40319-020-00951-w</a>] and CJEU, judgment of 27 April 2023 – C-104/22, GRUR 2023, 805 [juris paras. 41 et seq.] = WRP 2023, 678 – Lännen MCE [IIC 54:1290 (2023), <a href="https://doi.org/10.1007/s40319-023-01363-2">https://doi.org/10.1007/s40319-023-01363-2</a>]; departing from Federal Supreme Court, decision of 9 November 2017 – I ZR 164/16, GRUR 2018, 84 [juris para. 31] = WRP 2018, 77 – Parfümmarken) [IIC 49:485–493 (2018), <a href="https://doi.org/10.1007/s40319-018-0700-8">https://doi.org/10.1007/s40319-018-0700-8</a>].</ItemContent></ListItem><ListItem><ItemNumber>2.</ItemNumber><ItemContent>Among the unlawfully identified goods on which the infringer must provide information are also goods for which the mark owner’s rights have been exhausted but whose distribution the trade mark owner can oppose for legitimate reasons.</ItemContent></ListItem><ListItem><ItemNumber>3.</ItemNumber><ItemContent>If the trade mark rights in the goods distributed by the infringer are exhausted; the trade mark infringements consist in the manner in which the goods are presented by the infringer; and no involvement of the goods’ suppliers and other previous owners in the infringement can be established, the trade mark proprietor’s assertion of the claim to information regarding the suppliers and other previous owners is as a rule disproportionate, with the result that, as an exception, this information need not be provided.</ItemContent></ListItem></OrderedList>

“LA BIOSTHETIQUE”

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发表日期：

2026年5月12日

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摘要

If the trade mark-infringing acts alleged against the defendant consist in the electronic display of advertisements and offers for sale of goods, it must be assumed that these acts were committed in the territory of the Member State in which the consumers or traders addressed by these advertisements and offers are located, regardless of the fact that the defendant is established in the territory of another Member State, that the server of the electronic network it uses is located in the territory of another Member State or that the goods that are the subject of the advertising and sales offers are located in the territory of another Member State (in keeping with CJEU, judgment of 5 September 2019 – C-172/18, GRUR 2019, 1047 [juris paras. 46 et seq.] = WRP 2019, 1437 – AMS Neve and Others [IIC 51:665 (2020), https://doi.org/10.1007/s40319-020-00951-w] and CJEU, judgment of 27 April 2023 – C-104/22, GRUR 2023, 805 [juris paras. 41 et seq.] = WRP 2023, 678 – Lännen MCE [IIC 54:1290 (2023), https://doi.org/10.1007/s40319-023-01363-2]; departing from Federal Supreme Court, decision of 9 November 2017 – I ZR 164/16, GRUR 2018, 84 [juris para. 31] = WRP 2018, 77 – Parfümmarken) [IIC 49:485–493 (2018), https://doi.org/10.1007/s40319-018-0700-8].

Among the unlawfully identified goods on which the infringer must provide information are also goods for which the mark owner’s rights have been exhausted but whose distribution the trade mark owner can oppose for legitimate reasons.

If the trade mark rights in the goods distributed by the infringer are exhausted; the trade mark infringements consist in the manner in which the goods are presented by the infringer; and no involvement of the goods’ suppliers and other previous owners in the infringement can be established, the trade mark proprietor’s assertion of the claim to information regarding the suppliers and other previous owners is as a rule disproportionate, with the result that, as an exception, this information need not be provided.