Action against the lessor of a stand in case of trademark infringement at the market place

In order to enforce intellectual property rights the member states of the European Union have to ensure, that a rightholder can also force an “intermediary” to take measures against the infringement of rights and to prevent renewed violations. A tenant of market halls who sublets the various sales areas in these halls to traders, some of which use their stands to sell counterfeits, is also regarded as a "intermediary" within the meaning of Directive 2004/48/EC. It cannot be required from the tenants of the market halls to constantly and generally monitor their customers, but to take measures to avoid a renew trademark infringement by the same trader. [ECJ 07.07.2016, C-494/15 – Tommy Hilfiger Licensing]