Exhaustion of rights, authorised dealerships and euro defences

A dealer in infringing grey goods sought to have a trade mark proprietor's ability to enforce its rights suspended. The dealer asserted the enforcement of these marks was operating as a quantitative restriction on inter-state trade in the light of anti-competitive agreements entered into between the proprietor and its authorised dealers and the withholding of access by the trade mark proprietor to a database relating to the origin of the marked products.

Read Wragge & Co's expert analysis of this trade mark infringement case.