Paris 1st Instance Court - ERNIE BALL - VIGIER v/ CENTRALE OCCASION DE LA MUSIQUE

Decision date

2009-12-04

Decision No.

RG 08/11063

Nature

Trademarks, Competition law

Country

France

Jurisdiction

Paris First Instance Court

Parties

ERNIE BALL - VIGIER v/ CENTRALE OCCASION DE LA MUSIQUE

The companies ERNIE BALL and VIGIER were represented by Arnaud Casalonga, Attorney at Law.

In its decision dated December 4, 2009, the Court of First Instance considered that the company CENTRALE OCCASION DE LA MUSIQUE directly imported from the USA and sold in France authentic goods bearing ERNIE BALL INC.’s trademark.

The Court rejected the argument of the exhaustion of rights with respect to the goods imported into the European Economic Community and held the company CENTRALE OCCASION DE LA MUSIQUE liable for the infringement of ERNIE BALL INC.’s trademark rights.

Furthermore, the company VIGIER being the exclusive distributor of ERNIE BALL INC.’s products in France, the Court also considered that the importation of the goods by the company CENTRALE OCCASION DE LA MUSIQUE constituted an act of unfair competition.