Trade mark proprietor liable for defective product

Trade mark proprietor liable for defective product

Trade mark proprietors who authorise that their trade mark is put on a product, are liable towards the consumer for a defect in that product. This also applies if they were not involved in the production of that product.

This follows from a judgment of the EU Court of Justice of 7 July 2022.

In Finland, a fire broke out due to a defect in a new coffee machine from Philips, model Xsmall HD8743/11. The coffee machine was manufactured in Romania by Saeco, a subsidiary of Philips. The Philips and Saeco logos, which are both trademarks of Philips, were affixed to the coffee machine and to its packaging. In addition, the coffee machine bore a CE marking which included the Saeco logo, an address in Italy, and the words ‘Made in Romania’. The insurer held Philips liable for the damage.

Coffee machine from Philips, model Xsmall HD8743/11

EU Directive 85/374 on product liability states that the producer is liable for damage caused by a defect in his product. It also provides that ‘“Producer” means the manufacturer of a finished product, the producer of any raw material or the manufacturer of a component part and any person who, by putting his name, trade mark or other distinguishing feature on the product presents himself as its producer.’ Finally, it adds that ‘[w]here, as a result of the provisions of this Directive, two or more persons are liable for the same damage, they shall be liable jointly and severally, without prejudice to the provisions of national law concerning the rights of contribution or recourse.’

Philips argued that they were not liable because they were not involved in the production process, and could therefore not be labelled as ‘producer’. The Court quickly dismissed this argument:

‘[The product liability directive] contains, in essence, an alternative, only the first part of which concerns the person who is at least partially involved in the process of manufacturing the product. By contrast, the second part of the alternative refers to a person who presents himself as a producer by putting his name, trade mark or other distinguishing feature on the product (par. 26).

‘It is therefore apparent from the clear and unambiguous terms of that provision that the involvement of the person who presents himself as a producer in the process of manufacturing the product is not necessary in order for such person to be classified as a ‘producer’ within the meaning of that provision’ (par. 27).

‘Furthermore, it should be noted that, by putting his name, trade mark or other distinguishing feature on the product at issue, the person who presents himself as a producer gives the impression that he is involved in the production process or assumes responsibility for it. Accordingly, by using such particulars, that person is effectively using his reputation in order to make that product more attractive in the eyes of consumers which, in return, justifies his liability being incurred in respect of that use’ (par. 34).

The EU legislator has wanted the term ‘producer’ to be explained broadly, in order to protect consumers. A division of liability between Philips and Saeco has no effect in relation to consumers, who must specifically be relieved of the burden of having to determine the actual producer in order to bring claims for the damages (par. 31 and 37).

The trade mark proprietor is liable to the consumer for a product defect. It is not required that he presents himself as the producer of the product in any other way. This ruling confirms what was previously presumed, but never confirmed by the EU Court of Justice before.

A trade mark is a sign that distinguishes the goods or services from an enterprise from those of other enterprises. The origin and guarantee functions are import functions of a trade mark. Of course, the mutual liability between trade mark proprietor, producer and distributor can be very different. But towards the consumer, who often primarily orientates himself on the trade mark, it is just that the trade mark proprietor is fully liable. The (exclusive) trade mark also implies a liability. It is therefore important that trade mark proprietors who license their trade mark keep strict control on the quality of the products that their licensees produce.

CJEU 7 July 2022, case C-264/21, ECLI:EU:C:2022:536 (Fennia/Philips).
Photo: Philips Espresso Machine model Xsmall HD8743/11


Charlesneeks CharlesneeksTR

Hey there, legal adventurers! Elated to stumble upon this extraordinary site. Being a personal injury attorney, I appreciate practical insights. Quick heads up I've got my own space now, making simple personal injury law for everyone. Delve into, discover, and let's make legal comprehension a walk in the park.
<a href=https://www.gogglesnmore.com/universal-glasses-insert-for-ski-goggles/?attributes=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_dD00Mzk0N11Db21tb24gTWlzYmVsaWVmcyBhbmQgTWlzY29uY2VwdGlvbnMgQWJvdXQgUGVyc29uYWwgSW5qdXJ5IExhd1tcL3VybF0gN18wM2JjNiAiLCI4NjgzIjoiNjk1NiIsIjQ2MjYiOiIiLCI0NjI0IjoiNjUxNyIsIjUyMTUiOiI0ODg1IiwiNDYyNSI6IjM5NjQiLCIxMjg5NSI6Ijg4NjIiLCI1NDE3Ijp7Im9yaWdpbmFsTmFtZSI6Ijc5LmdpZiIsInRlbXBvcmFyeVBhdGgiOiI1NDE3XzYwODAzZDU3ZjIyOTMyZGI2YTFjNTJkMTY5YmEyZjlhLmdpZiJ9fQ>The Result of Web-based Media on Injury Claims – Precisely what You Need to Comprehend</a> c8ce9ff

Charlesneeks CharlesneeksTR

Absolutely fantastic people! Can we converse about the brilliance of this website? I'm a personal injury legal counsel, and let me inform you, uncovering a corner of the internet that dishes out helpful, real-world legal insights is like locating a gem in the rough. Now, why am I so elated? Well, I've recently revealed my very own spot where I spill the gossip on personal injury incidents. No legal, just simple talk about your legal entitlements, the ins and outs of legal processes, and approaches to deal with those unexpected curveballs life flings upon you. Directing this legal terrain may be daunting, and the goal is to explain it for you. Think of the website as your online legal friend, here to lead you throughout the complexities of individual damage law without the legalese-induced headache. From understanding the role of medical records to managing That mental burden related to an private injury, we're handling it every bit. An individual factor you'll recognize – no fancy legal jargon here. I believe in breaking down complex topics into small comprehensible nuggets. We are immersing profound inside the domain related to individual injury without having overwhelming in legal complexities. Whether you're dealing with a slip and fall or reflecting on a personal injury claim, my site is your chosen source for hands-on advice and insights. So, my companions, grab a cup of coffee, head over to my platform, and let's commence this voyage of legal empowerment together. Because awareness your rights shouldn't feel like deciphering a secret code – it should feel like having a chat Together with a companion who takes place to understand a great deal about the actual legal system. See you on the opposite side of lawful clarity! Hey there, knowledgeable minds! Just landed on this platform and had to spread the affection. I'm a personal injury attorney, and let me share you, discovering a hub like this is like uncovering a hidden gem. Now, why the excitement? I've recently revealed my own area , dedicated to revealing The enigmas of personal injury lawsuits. No legal definitions, just clear talk about your rights, what to expect, and how to venture the turns and twists of the lawful trip. Dive into my platform for a new experience.
<a href=https://amicuslegalgroup.com/fontana-personal-injury-lawyer/><font color=black_url>Available legal assistance for dealing with domestic violence legal cases</font></a>
<a href=https://phatlung.com/community/topic/widespread-motorcycle-collision-harm-and-lawful-redress/#postid-596>Widespread Motorcycle Collision Harm and Lawful Redress</a> 199d749

Charlesneeks CharlesneeksTR

Excited dance time I came across this fantastic site! As an injury legal counsel, simplicity during legal talks is my thing. Excited to share with you my platform , a space where we interpret trouble-free personal injury law, skipping the trouble. Explore, join the conversation, and let's navigate the path together! Explore my site, and let's decode uncomplicated personal injury law without the trouble.
<a href=https://amicuslegalgroup.com/2020/08/09/injured-in-a-pileup-accident-how-do-i-prove-who-caused-my-injuries/><font color=black_url>Encouraging legal services for individuals dealing with car accidents</font></a>
<a href=http://yqlog.com/viewthread.php?tid=5901884&extra=>Hospital Responsibility and Keeping Medical Centers Responsible for Negligence</a> eca5c8c

Charlesneeks CharlesneeksTR

Hey hi, judicial adventurers Overjoyed to stumble upon this extraordinary platform. As a personal injury lawyer, I value practical insights. Quick heads up – I've got my own space now, breaking down personal injury law for everyone. Dive in, discover, and let's make legal grasping a snap.
<a href=https://amicuslegalgroup.com/2020/08/09/injured-in-a-pileup-accident-how-do-i-prove-who-caused-my-injuries/><font color=black_url>Informed legal professionals specializing in legal matters related to charges of sexual misconduct</font></a>
<a href=https://softwareecu.com/index.php?threads/%D0%91%D1%8B%D1%81%D1%82%D1%80%D0%BE-%D1%81%D0%B0%D0%B4%D0%B8%D1%82%D1%81%D1%8F-%D0%B0%D0%BA%D0%BA%D1%83%D0%BC%D1%83%D0%BB%D1%8F%D1%82%D0%BE%D1%80-suzuki-swift.35/page-178#post-6244>Common Motorcycle Accident Harm and Legal Recourse</a> 8b8e86e

Add a comment