TRADEMARK EXHAUSTION
June 1st, 2002
BY KEITH NUTHALLA TRADER selling goods within the European Union, should not shoulder the entire burden of proof to demonstrate that a particular trademark has been 'exhausted' under EU regulations, a European Court of Justice advocate general has advised. Exhaustion allows traders to sell branded goods freely throughout the EU, Iceland, Norway and Liechtenstein, when they were first sold in these markets, but not if they were originally sold elsewhere. The ECJ was advised that in disputes, both traders and trademark holders should prove where goods were first ...
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