Selective distribution meets parallel trade: Higher Regional Court of Munich on exhaustion, licensing and prestige

The Higher Regional Court of Munich has handed down a practice-oriented judgment on trade mark exhaustion in selective distribution systems – one that will interest luxury and cosmetics brands, marketplace resellers and anyone drafting ‘don’t-sell-to-them’ clauses. In its decision (6 U 2795/23e) the Court confirmed that a brand owner who supplies independent authorized retailers puts the goods on