ECJ (Approximation Of Laws) Trade marks – Directive 89/104/EEC – Article 7(1) – Exhaustion of the rights conferred by a trade mark – Putting on the market of the goods in the EEA by the proprietor of the trade mark – Concept – Goods offered for sale to consumers and then withdrawn – Sale to an operator established in the EEA with the obligation to put the goods on the market outside the EEA – Resale of the goods to another operator established in the EEA – Marketing in the EEA.
C-16/03, [2004] EUECJ C-16/03, Times 06-Dec-2004, [2004] ECR I-11313
Bailii
Directive 89/104/EEC
Cited by:
Cited – L’Oreal Sa and Others v Ebay International Ag and Others ChD 22-May-2009
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site.
Held: The ECJ had not yet clarified the law on accessory liability in trade mark . .
Lists of cited by and citing cases may be incomplete.
European, Intellectual Property
Leading Case
Updated: 11 November 2021; Ref: scu.220142
