Paris Court Upholds Trademark Exhaustion for Bundled Genuine Products

The Paris Judicial Court (3rd Chamber, 2nd Section) rejected claims of trademark infringement in a case involving bundled genuine products. The court held that placing multiple branded items in a transparent plastic pouch without opening, replacing, or modifying the original packaging does not amount to repackaging under French law.

Defendants had bundled products from the plaintiff and sold them together. The court found no risk of confusion or alteration of the goods that would prevent application of the exhaustion doctrine under Article L.713-4 of the French Intellectual Property Code.

The ruling clarifies that simple aggregation in secondary packaging, without changes to individual product packaging, preserves trademark rights exhaustion. An unfair competition claim was also dismissed for lack of demonstrated confusion.

The decision provides guidance on the limits of repackaging defenses in French trademark enforcement.