Press release CJEU – Schweppes

TJUE - SCHWEPPES VS RED PARALELAThis is how clear and overwhelming was the European Court of Justice when it affirmed that Schweppes can not stop the importation into Spain of the Schweppes tonic from the United Kingdom manufactured by Coca-Cola.

 

Our company highly welcomes the Decision from the CJEU, as it halts the misuse of trademark rights by SCHWEPPES INTERNATIONAL Ltd. when opposing the parallel import of SCHWEPPES ‘tonic water’ in Spain.

RED PARALELA, assisted by the law firm Pellisé Abogados, has always relied on an exhaustion of trade mark rights in the light of Article 36 TFEU, despite the around 50 Spanish Courts Decisions that had banned the parallel import of SCHWEPPES ‘tonic water’ in Spain, and despite the extreme pressure that SCHWEPPES INTERNATIONAL LTD has been putting on our company since the very beginning of the proceedingNow, in the CJEU decision, we see that our convictions were grounded, and that SCHWEPPES INTERNATIONAL Ltd. actions were against the basics of Trademark law and European Competition law.

No matter how huge is the disparity of forces between the parts contenders, there always are good Courts willing to do their job with dedication and integrity.

Here is the press release from the CJEU.

WIPR review.