THE BOTTOM LINE
- A single court order obtained in the Netherlands can effectively halt infringing online sales across all EU member states, providing a powerful and efficient enforcement tool for brand owners.
- International e-commerce platforms cannot easily evade European justice. This ruling shows courts will act decisively against non-appearing foreign defendants if they have been given proper notice, even if formal international service procedures are still pending.
- Brand owners can recover significant legal costs in enforcement actions. The court awarded Puma over €19,000, underscoring the principle that the cost of fighting infringement should fall on the infringing party.
THE DETAILS
In a decisive move for brand protection, sportswear giant Puma has secured a sweeping preliminary injunction from the District Court of The Hague. The order targets three international online retailers based in China and Canada for infringing on Puma’s well-known “Formstrip” trademark. The defendants were selling sneakers on their websites to customers in the Netherlands and across the European Union, featuring a design virtually identical to Puma’s iconic branding. The court found a clear case of trademark infringement likely to cause consumer confusion and ordered an immediate stop to all sales.
The most significant aspect of this case is how the court handled the defendants’ failure to appear. Serving legal documents on companies in China and Canada typically involves lengthy international procedures under the Hague Service Convention. However, Puma demonstrated that it had also notified the defendants directly via courier and email, and the defendants had even replied, acknowledging the complaint and claiming to have removed the products. Citing the urgency required to stop ongoing intellectual property infringement, the court used a specific provision allowing for preliminary measures to be taken. This pragmatic approach signals that European courts will not let procedural formalities become a shield for international infringers who are clearly aware of the legal action against them.
The court’s ruling provides Puma with powerful enforcement tools. It issued an immediate, EU-wide ban on the marketing and sale of the infringing sneakers, backed by a potential penalty of €5,000 per day (or €500 per product) for non-compliance. Furthermore, the court ordered the defendants to provide Puma with a detailed account of their supply chains, including the identity of their suppliers and the quantities of infringing products they have purchased and sold. This information is invaluable for brand owners looking to dismantle infringement networks at their source.
SOURCE
Rechtbank Den Haag (District Court of The Hague)
