1 August 2012Jurisdiction reportsJens Künzel

Exhaustion of trademark rights in Europe: the Converse decisions

The legal intricacies and diverse sets of facts connected with the exhaustion defence are widely seen as presenting some of the most difficult problems in trademark litigation. Some clarification comes from two decisions by Germany’s Federal Supreme Court in March 2012 concerning the alleged infringement of the Converse trademarks, where the defendants claimed that the trademark rights were exhausted.

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