Slovenian High Court confirms liability forwarding agent and orders defendant to pay storage and destruction costs01/19/2019
In the framework of its intermediary project, React launched a case against a forwarding agent of counterfeit products to pay the costs of storage and destruction.
In this case the consignor and consignee could not be traced. The Slovenia High Court confirmed the judgement in the first instance and rejected the appeal filed by the forwarding agent.
Namely, the Higher Court confirmed that given the specific circumstances in this particular case (non-existing final recipient), the forwarding agent - JADROAGENT is liable for the trademark infringement.
The court ordered JADROAGENT to pay storage and destruction costs all with default interests.
After the successful landlord liability case of React for the European Court of Justice, this is another major step towards secondary liability for the intermediary in an anti-counterfeiting matter.