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Trademark rights extend to cross-border stocking, EU opinion says

By Inbar Preiss ( March 27, 2025, 12:23 GMT | Insight) -- A national trademark owner can prohibit the stocking of infringing goods in another country if those goods are intended for sale or marketing within the trademark-protected territory, according to EU Court of Justice Advocate General Dean Spielmann. The non-binding opinion, in the case between PH and Tradeinn Retail Services, also clarifies that intermediaries are not liable for infringement unless they control the movement or sale of the goods.EU trademark law allows a right holder to prohibit a third party from stocking infringing goods if they are intended for sale or marketing in the country where the trademark is protected, according to Dean Spielmann, an EU Court of Justice Advocate General....

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