No hiding place
for IP infringers
The Court of Justice of the European Union (CJEU) has
ruled that the national law of an EU member state
which allows banking institutions to refuse a request
for information relating to
a bank account does not
automatically take precedence
over the right to disclosure in
intellectual property
infringement proceedings.
IP review
autumn
2015
4
The decision of the CJEU came after a reference for a preliminary
ruling from the German Federal Court of Justice in October 2013.
The German national court had sought clarification with regard
to the balance of two fundamental rights: banking secrecy rights
and the right to information in intellectual property infringement
proceedings.
The question arose after Coty purchased a bottle of Davidoff Hot
Water perfume on an internet auction platform and later discovered
that the item was a counterfeit. Coty was the exclusive licensee for
the Community trade mark DAVIDOFF HOT WATER for perfumery
and therefore sought to take action against the seller.
Coty discovered that it had bought a counterfeit perfume from a
seller with a false name and so requested the seller’s real name
from the internet auction platform. The seller admitted to being
the account holder but denied selling the counterfeit product and
refused to provide any further information.
