Expending the exhaustion doctrine to publicity in Dior v Evora (1997) Essay

Expending the exhaustion doctrine to publicity in Dior v Evora (1997) ECR I-6013 was a crucial mistake, as it inevitably damages the essential function of the trade mark. Discuss - Essay Example and logos does not only enable business owners to protect their investments on a specific and distinct brand name but also gives the marketed goods under a trademark an identity which is distinguish from other similar products and services3. It also gives them the legal right to sue anyone who uses the trademark in an illegal manner.4 Once a trademark is completely registered, a person or a company will automatically have a legal protection against those people who would copy or imitate their product signs and symbols.5 In other words, a fraud may occur in case another individual or business entity is uses any signs or symbols that have already been registered under the trademark law.6 In general, the IP protection law has been established in order to ensure that every creative individual who were able to invent a distinctive idea, design, or a product will continuously get credit for their effort and achievements. Trademarks which falls under the category of IPRs, is being represented with a symbol  ® or â„ ¢ after a company name, logo, pictures, a slogan, or a combination of these.7 In general, a trademark serves the purpose of protecting signs and symbols that are being identified with a specific goods and services that belongs to an individual, a business organization or even the government.8 In the process of having legal protection, business owners could retain an exclusive right over the use of a registered mark. Likewise, it also provides them the authority to allow other people to use the registered mark in exchange of a monetary payment or purely by consent. Unlike the intellectual property right law which is believed to promote monopolistic competition within the domestic and international markets9, competition law promotes free trade and healthy competition among the local and international businesses10. Since competition law which includes the concept of parallel import is very much focused on eliminating and reducing the cases of monopolistic