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When does the protection of intellectual property override the protection of personal data? Sarah Hadland, director and principal at S.H. & Associates explains how the Coty Germany GmbH v Stadtsparkasse Magdeburg case achieved a fine balance between these two fundamental rights. Coty Germany GmbH v Stadtsparkasse Magdeburg: C-580/13
This case concerned the balance of rights between the IP Enforcement Directive 2004/48/EC and banking secrecy laws.
Coty Germany (Coty) owns a Community trade mark for DAVIDOFF HOT WATER, registered for perfumery and part of its DAVIDOFF portfolio of trade marks. In 2011, Coty purchased on the internet counterfeit perfume bearing its trade mark. The seller had provided its bank details and Coty made the payment to that account, at Stadtsparkasse Magdeburg bank. Coty then contacted the bank and, under para 19(2) of Gesetz über den Schutz von Marken und sonstigen Kennzeichen (Markengesetz—MarkenG) (Law on the Protection of Trademarks and other distinguishing marks) 1994, requested the name
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