This - in a nutshell - were the issues on which the Nejvyšší soud České rep (Czech Supreme Court) had sought guidance from the CJEU in its reference for a preliminary ruling in Tommy Hilfiger Licensing and Others, C-494/15.
The judgment is not yet available on Curia, but this is what the press release states:
|Looking for some counterfeit |
food to confiscate ...
for the sake of IP protection