Tommy Hilfiger Licensing LLC and others v Delta Center a.s.

European Union – Intellectual property. The Court of Justice of the European Union held that a tenant of a market hall who sub-let various pitches to market-traders, some of whom sold counterfeit branded products, was an intermediary pursuant to art 11 of European Parliament and Council Directive (EC) 2004/48 whose services were being used by a third party to infringe an intellectual property right and conditions for an injunction against that intermediary were identical to those which might be addressed to intermediaries in an online marketplace.

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