Test bottle
A test bottle is a sample pack for perfume . The test bottles with 100 or 125 milliliter content are not intended for sale, but a voluntary marketing offer by the manufacturer for the trade. For every 100 copies sold, there are around 5 testers in Germany and up to ten in the USA.
Large stickers ("Tester - not for sale") are intended to prevent the testers from being sold. Externally, the test bottles also clearly stand out from the merchandise: The cap is generally missing and the packaging is plain white.
trade
While the legality of trading in test flacons has been controversial in the past, the Federal Court of Justice ruled in a judgment of February 15, 2007 (I ZR 63/04) that with the placing of goods on the market by the brand owner, all actions of use are exhausted according to § 24 Para. 1 MarkenG occurs. The sale is then permitted. Courts in other European countries have so far considered distribution to be inadmissible, so that ultimately the European Court of Justice will have to clarify the legal issue.
swell
- ↑ Judgment of the Federal Court of Justice: http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&sid=e9ad467b7cef9ab31224420e9bce6571&nr=40842&pos=0&anz=20