9 March 2020

Selective distribution: Unlawful use of trademark
The manufacturer at the head of a selective distribution network of perfumery and luxury cosmetics cannot bring an IP infringement action against an individual who sold products, which were lawfully purchased, to a second-hand store, insofar as this act does not characterize use of the mark “in the course of trade”.
CA Rennes, 25 February 2020, LawLex20200000294JBJ

Selective distribution: Exhaustion of rights within EEA
For perfumes and cosmetic products, any partial use of a product necessarily leads to its alteration, which is seriously detrimental to the image of the brand and to the environment of luxury and purity it purports to convey and consequently the right holder is legitimately entitled to oppose its sale within the second-hand goods market in accordance with paragraph 2 of Article L. 713-4 of the Intellectual Property Code.
CA Rennes, 25 February 2020, LawLex20200000294JBJ

Commercial agents: Applicable law
Articles L. 134-1 et seq. of the Commercial Code do not constitute an overriding mandatory provision applicable in the international legal order which would make it possible to replace the foreign law chosen by the parties to the contract.
CA Paris, 13 February 2020, LawLex20200000243JBJ