IPPT20091015
TRADEMARK LAW
Exhaustion - implied consent - placing of goods on the market by a third party
• The consent of the proprietor of a trade mark to the marketing of goods bearing that mark carried out directly in the EEA by a third party who has no economic link to that pro-prietor may be implied, in so far as such consent is to be inferred from facts and circumstances prior to, simultaneous with or subsequent to the placing of the goods on the mar-ket in that area which, in the view of the national court, unequivocally demonstrate that the proprie-tor has renounced his exclusive rights.
IPPT20091015, ECJ, Makro v Diesel
