Advocate General Mengozzi takes a new look at exhaustion of trademark rights and seems prepared to accept erosion of such rights (Schweppes)

On 12 September 2017, Advocate General Mengozzi (“AG”) delivered an opinion in the Schweppes case in the context of a request for a preliminary ruling to the Court of Justice of the European Union (“ECJ”) from a Spanish Court. In particular, the AG proposed to develop the case-law on the exhaustion of trademark rights in the case of a voluntary fragmentation of parallel rights by signi cantly broadening the interpretation of ‘economic links’ between the parallel rights owners. According to the AG, a key consideration is the correct balance to be struck between protecting the rights of trademark owners and the free movement of goods. The Coca-Cola Company (“TCCC”) owns the Schweppes® brand in the United Kingdom and in ten other EU Member States, while Orangina Schweppes Holding BV (“OSHBV”)

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Peter L'Ecluse, Advocate General Mengozzi takes a new look at exhaustion of trademark rights and seems prepared to accept erosion of such rights (Schweppes), 14 September 2017, e-Competitions Bulletin September 2017, Art. N° 84917

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