The Dutch Supreme Court considers burden of proof in trade mark exhaustion case (Joop!, Jil Sander, Davidoff, Lancaster)

On 18 April 2008, the Dutch Supreme Court (Hoge Raad) handed down a judgment relating to the burden of proof in a trade mark exhaustion case. The judgment refines earlier case-law on the matter. In the case at hand, various luxury cosmetic brands, including Joop!, Jil Sander and Davidoff, had granted exclusive trade mark licenses to the Swiss-German group Lancaster, a distributor of cosmetic products operating a selective distribution system. X, on the other hand, operates an internet webshop selling, inter alia, perfumes of the brands exclusively licensed to Lancaster. On 30 October 2000,

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Peter L'Ecluse, The Dutch Supreme Court considers burden of proof in trade mark exhaustion case (Joop!, Jil Sander, Davidoff, Lancaster), 18 April 2008, e-Competitions Bulletin April 2008, Art. N° 44856

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