Skip to main content Accessibility help
×
Hostname: page-component-5c6d5d7d68-qks25 Total loading time: 0 Render date: 2024-08-07T18:20:46.715Z Has data issue: false hasContentIssue false

35 - Common Law and Civil Law Approaches to Trademark Exhaustion in Europe

The Distribution Function of Trademarks

from XIV - The Principle of Exhaustion of Trademark Rights

Published online by Cambridge University Press:  18 September 2020

Irene Calboli
Affiliation:
Texas A&M School of Law
Jane C. Ginsburg
Affiliation:
Columbia University School of Law
Get access

Summary

This chapter examines the exceptions to the so-called principle of exhaustion pursuant to which a trademark proprietor has no authority to control by virtue of their exclusive right the further commercialization of trademarked goods already placed on the market with their consent. The chapter focuses on German and UK law as they stood before the harmonization of trademark laws in Europe to juxtapose the civil and the common law approaches to the same legal problem. In particular, it examines the circumstances under which the exclusive right in a trademark may be relied upon to exercise control over the distribution channels that carry the product to the ultimate consumer. It then turns to appreciate the role of trademark rights in safeguarding the integrity of distribution networks. In that regard, it will focus on the exceptions to the principle of exhaustion as these apply under the current legal framework of the European Union trademark system. A more detailed review of the principle of trademark exhaustion in the EU is provided by Irene Calboli in her corresponding chapter on the exhaustion doctrine (Chapter 36). Calboli also discusses trademark exhaustion in the United States and other selected jurisdictions to highlight the relationship between trademark exhaustion and free movement of goods in the context of cross-border trade.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×