||All England Reporter
|| All ER (D) 318 (Dec)
|| EWCA Civ 1775
||Court of Appeal, Civil Division
Ward, Neuberger and Moore-Bick LJJ
||Michael Tappin (instructed by Freshfields Bruckhaus Deringer) for the claimant.
||Richard Hacon (instructed by McGrigors) for the defendant.
||20 December 2006
European Community - Free movement of goods - Goods - Trade mark exhaustion - Defendant relying on doctrine of exhaustion of rights - Application for summary judgment - Whether claimants consenting to placing of products on market within EEA - First Council Directive (EC) 89/104, art 7.
On an appeal against summary judgment given for the claimants in proceedings alleging trade mark infringement, the evidence advanced on behalf of the defendant fell far short of what would be necessary for reliance on the doctrine of exhaustion of rights.
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