Simont Braun - Avocats advocaten lawyers

Luxury Goods

In our globalised world, where online selling has become the norm, preserving brand reputation and guaranteeing the highest quality have become a major challenge in the luxury goods sector. But the new patterns of consumption also create opportunities for manufacturers of luxury goods. Maintaining the presence of the products in the 'real' world requires a delicate balancing act in order to comply with the competition rules on passive sales and presence on the web. A solid and long-term strategy is required to cover distribution and brand protection. It is also vital to protect these assets from attacks by competitors and pirates.

Several teams collaborate within Simont Braun to provide assistance to a wide range of operators in this field. Our Intellectual Property team enjoys particular experience in trademark litigation matters and in all questions relating to advertising and distribution.

In addition to distributorships, anti-competitive practices, trade practices and other matters of general economic law, our specific recent experience in this sector includes:

  • Trademark protection and enforcement

  • Design protection and enforcement

  • Customs seizures

  • Counterfeiting

  • Advertising and Marketing

  • Selective distribution and other forms of distributorship

A selection of our recent assignments:

  • Assistance to combat parallel marketing, notably in a multi-jurisdictional context for manufacturers of luxury perfumes against internet sales of parallel imported goods in violation of exclusive distribution networks;

  • Support provided to a manufacturer of luxury perfumes and cosmetics when terminating an unwritten exclusive distribution relationship regarding the compensation claimed by the distributor; successful negotiation of termination of the agreement;

  • Successful defence (in preliminary injunction proceedings) of a luxury cosmetics manufacturer in respect of the continuation of the exclusive distribution contract as requested by the distributor, notwithstanding the termination notice issued by the manufacturer;

  • Assistance provided to a renowned wine producer in criminal proceedings for infringement of the trademark and other branding features.