OUTER HOUSE, COURT OF SESSION
[2015] CSOH 114
CA19/14
OPINION
OF LORD WOOLMAN
In
the cause
WILSON
IMPORTS LTD
Pursuer;
against
ADVANCE
SPORT SAS
Defender:
Pursuer: I Clark; Gilson Gray
LLP
Defender: Frain-Bell;
Gillespie Macandrew LLP
20 August 2015
[1] Everlast World’s Boxing
Headquarters Corporation (“Everlast Corp”) is based in the USA. It owns
the “Everlast” brand of clothing, gym equipment and accessories, which is
particularly associated with boxing. The goods are manufactured by companies
in China, Pakistan and Bangladesh.
[2]
In August 2011, Everlast Corp granted Wilson Imports Limited (“Wilson”) a
licence to promote, distribute and sell its products in Europe. Three
months later Wilson entered into a sub-licence with a French company, Advance
Sport SAS (“Advance”).
[3]
The sub-licence was contained in a distribution agreement, whose principal
terms were as follows:
(a)
Wilson granted Advance a non-exclusive sub-licence to distribute Everlast
products in France, Monaco and Andorra from 1 January 2012 until
31 December 2014.
(b)
Advance had to purchase all its Everlast products from Wilson.
(c)
Advance had to pay all invoices within 30 days.
(d)
Wilson could terminate the distribution agreement by giving six months’ notice
in writing.
(e)
The distribution agreement could only be varied in writing.
