Peak Holding AB v Axolin-Elinor AB

Subject Matter

TRADE MARK — Proprietor’s rights — Exhaustion — Goods “put on the market” by proprietor or with his consent — Whether importation or offering for sale without actual sale “putting on market” — Whether exhaustion precluded by stipulation against resale — Council Directive 89/104/EEC (as amended), art 7(1)

(Case C-16/03); [2005] Ch 261; [2005] 2 WLR 650