Trademark Act Essay Example | Topics and Well Written Essays - 1250 words

Trademark Act - Essay ExampleAn physical exertion of a trademark is the Nike tick, which allows the consumer know they are buying Nike products whilst if nonpareil buys a similar product with a picture of a puma on thus the individual knows that it is a Puma product. Therefore if some other producer started to sell products that had a Nike tick on then it would be a breach of the TA and this producer would be liable for this breach. The concept of trademark law is straightforward when one is dealing with 2 autonomous producers however is the typeface of there being a breach of trademark protections in the part of twin importingThe first question to ask is what is pair importing Parallel importing is the smirch when goods originate from the same producer or set of manufacturing licensees but are interchange and produced in dissimilar countries. This may lead to a disparity in price, because in say Eastern European Countries the performance and sale is a lot cheaper than t hat of the producers counterpart in Western Europe. Therefore one has to consider whether the municipal producer dismiss use trademark protections to stop middlemen from buying products from the cheaper nations and import them to sell in contestation against the more expensive domestic producer1. Therefore can Trademark law as Cornish argues can be used to protect trademarks in parallel exportation issues however with much difficulty in an open marketAny intellectual property right may be used at the frontier of the higher-priced country to close off the entry of goods bought by a parallel importer in the lower-priced country, if those rights comprehend to the distributors significance and are not regarded as exhausted by the initial marketing abroad, i.e. by so-called international exhaustion. Whether the particular intellectual property law, or some other dictate of commercial message policy (such as free movement of goods within the E.U.), calls for international exhaustio n is a matter which legislative bodies everywhere find extraordinarily difficult to answer, and it is more often left to courts to arrive at a solution.2Therefore introducing the question whether allowing their to be importation by a middle man who was correctly sold a product, in a country where a product has a cheaper price that that of the destination country, is in fact a breach of trademark law. This is a very difficult point of law because one could argue that yes it is because it is devaluing the product and its reputation in the country of destination, because the market values is devalued by the importation of a cheaper version of the product.3 Yet, on the other hand, on has to consider whether in fact there is a case of a trademark breach because the sale of the product was correctly done through a legitimate manufacturer of the product. If the product was bought legitimately, i.e. the product was made by an approved plant or licensee, then how could it be a breach of trad emark law The following section will consider the case law in this area. In the early case of Colgate Palmolive Ltd v Markwell Finance Ltd 1989 RPC 497 it was successfully proven that parallel imports are in fact a breach of trademark law, because it devalues the product, which breaches trademark law. The way that this case argued that parallel imp