Holiday Ray-Ban sunglasses via Facebook

Ray-ban sunglasses are offered for sale on a closed Facebook group called 'Marketplace without rules' with the following text: "This spring/summer original Ray-ban sunglasses from € 85,-. Nowhere to be found cheaper. More than 280 models in varying colours." A representative of Ray-Ban places a test order and unveils the person behind the Facebook page. When this person refuses to sign an undertaking agreement, parties meet again in court.

Defendant claims that there is no trademark infringement. He got the offered sunglasses for his birthday and had bought some other glasses on his holidays. Ray-Ban's trademark rights are therefore exhausted. He hasn’t kept receipts for these purchases. And that the number 280 was a typo, he only had 28 of them.

Court ignores this, as defendant cannot provide any substantiating evidence. Ray-Ban also proves at the hearing (by means of the case and the packaging) there are fakes. Prohibition, compensation of damages, court costs, etc. are granted.

trademarks



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PURE - MENTOS

MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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