Journal Article

Davidoff criteria for exhaustion apply also if goods were first marketed within the EEA

Maarten Schut

in Journal of Intellectual Property Law & Practice

Volume 5, issue 2, pages 77-79
Published in print February 2010 | ISSN: 1747-1532
Published online January 2010 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp209
Davidoff criteria for exhaustion apply also if goods were first marketed within the EEA

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The ECJ rejected a suggestion put forward by the Dutch Supreme Court (Hoge Raad) that with respect to goods originating within the European Economic Area, the trade mark owner's implicit consent (leading to exhaustion) should not be tested under the strict criteria set out in the Davidoff decision but under more lenient criteria to be found in case law predating the Trade Mark Directive.

Journal Article.  1353 words. 

Subjects: Arbitration ; Intellectual Property Law

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