Davidoff criteria for exhaustion apply also if goods were first marketed within the EEA
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.
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Author
Maarten Schut
Published
Journal of Intellectual Property Law &
Practice, published January 8, 2010
Publication date
:
08 January 2010