In his conclusions for Case C94/17, Paolo Mengozzi explained that EU law precludes reliance on an exclusive right if, given the economic links between their respective proprietors, it is clear that the marks are under unitary control and where it is clear that the proprietor of the mark in the importing state has the possibility of determining the products to which the mark in the exporting state may be affixed in the exporting state.
Schweppes International Ltd. is the proprietor of the...