If a market-trader who pitches a stall at the premises of a market is found to have infringed the trade mark of a brand (in this case, Tommy Hilfiger Licensing), could the lessor of the premises be an intermediary to the IP infringement and therefore be liable for legal remedies?
This is essentially a question referred to the Court of Justice of the European Union (CJEU) by the Czech Supreme Court. The UKIPO is currently inviting comments to this reference, and it remains to see how the CJEU would respond.
But this is one to watch, especially for those advising landlords and lessors of traders markets where counterfeit products are regularly sold.
Is a person with a lease of premises in a market, who provides stalls and pitches on which stalls may be placed to individual market-traders for their use, an intermediary whose services are used by a third party to infringe an intellectual property right within the meaning of Article 11 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights?