Metro vs G-Star

 Metro-Makro purchased G-Star jeans of a Dutch party. Following forensic investigations by an independent accountant it followed that the goods were first put on the market in the European Economic Area and that Metro-Makro was entitled to sell the goods.

The forensic accountant was not obliged to disclose the supply chain. He only had to confirm that the goods were first put on the market in the EEA. G-Star then objected to the way Metro-Makro offered the goods. Metro-Makro offered the goods for sale while using the G-Star word mark and logo in its sales brochures. Metro-Makro successfully defended its way of advertising and promoting the jeans by reference to the Dior/Evora and BMW/Deenik case law of the European Court of Justice. G-Star now appeals to the Supreme Court. In July 2009 the Supreme Court confirmed in favour of Metro the judgment of the Appellate Court.