Dr. Calboli discusses trademark exhaustion in the European Union. She proposes an international exhaustion standard to replace the community-wide exhaustion standard. In an international system, a trademark owner would exhaust his rights in other national jurisdictions when trademarked goods are placed on the market in any national jurisdiction where the trademark owner enjoys protection. Accordingly, the trademark owner will not be free to prevent international importation of genuine products bearing his trademark. Dr. Calboli describes the development of the community-wide exhaustion standard and its interpretative problems as part of the Trademark Directive. She then proposes changing to an international exhaustion standard based on recent consultations organized by the European Commission and the European Parliament, and recent European Court of Justice rulings.
Trademark Exhaustion in the European Union: Community-Wide Or International? The Saga Continues,
6 Marq. Intellectual Property L. Rev. 47
Available at: http://scholarship.law.marquette.edu/iplr/vol6/iss1/3