In the article ‘Online sales and selective distribution of brand products’ in Twinkle Magazine, Eric Janssen and Joost Becker explain the online sale of brand products by selective distributors from the perspective of trademark and competition law.
Trademark law gives producers very extensive possibilities of imposing requirements on their retailers in relation to the online sale of brand products. This is provided for in trademark licence agreements. These possibilities are not without limit, however. Competition law stipulates, for instance, that a general ban on online sales is not permitted. Trademark holders may, however, impose requirements on authorised retailers concerning their physical shop and how they sell online. The article explores the possibilities offered by trademark law and competition law.
On 8 October 2014 Dirkzwager organised a seminar on the online sale and selective distribution of brand products, including a discussion of the dos and don’ts. You can find more information about this seminar here.