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<DIV><FONT face="Comic Sans MS" color=#0000ff size=2>The Swedish pirate party is
not (no longer) opposed against trademarks. In general, I would agree that
trademarks are less a problem than e.g. copyright and patents. But
there are some caveats, an eBay attorney told me lately. In particular in
France there have been some unpleasant court cases. There are (at least) three
types of cases.</FONT></DIV>
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<DIV><FONT face="Comic Sans MS" color=#0000ff size=2>Firsty, trademarks may not
be used to sell counterfeit goods. While this is somehow obvious, it causes
major problems for eBay *IF* eBay is required to check all offers on its site in
advance. A "notic and takedown" rule would be more appropriate.</FONT></DIV>
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<DIV><FONT face="Comic Sans MS" color=#0000ff size=2>Secondly, there is only
European exhaustion for trademarks. If you buy something in the US, you
are not allowed to sell it second hand in the EU under its registered
trademark, vice versa. There used to be a worldwide exhaustion (first sale) rule
for trademarks ...</FONT></DIV>
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<DIV><FONT face="Comic Sans MS" color=#0000ff size=2>Thirdly, manufacturers of
(predominantly luxury) products sometimes try to prevent their products from
being sold by (cheap) retail chains, because such products depend on their image
(cynics may argue that they are actually not much more than just image
...), which would require a luxury outlet. In my country, Dior tried
to prevent discount retail chain Kruidvat (owned by Evora holding, Google Dior
Evora) from selling its perfumes, but because trademark law does not prevent
that inside the EU, Dior resorted to copyright law. But the court
decided on the basis of a special rule in the Dutch copyright
act allowing images of a product to be used free of copyright
in advertising, catalogs etc. to the extent needed for
trade.</FONT></DIV>
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<DIV><FONT face="Comic Sans MS" color=#0000ff size=2>While this story has a
happy end, manufacturers of luxury products will continue to try to exploit
their trademarks and copyright to protect the exclusivity of
their products. Trademarks serve the purpose to protect the identification
and reputation function of a brand identification. Even if products are little
more than just a reputation.</FONT></DIV>
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<DIV><FONT face="Comic Sans MS" color=#0000ff size=2>Incidentally, abuse of a
trademark by its owner is legally allowed. While one of the reasons for
trademark infringement is the risk of *confusion*, trademark owners actually use
trademarks purposely to confuse their prospective customers, in particular to
fake quality.</FONT></DIV>
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<DIV><FONT face="Comic Sans MS" color=#0000ff size=2>Trademarks are not as
innocent as they appear at first sight. Anyway, imho the PPs should advocate
re-introduction of worldwide exhaustion. Private import of counterfeit products
should be allowed (customs not stopping tourists who bought a fake Rolex on the
market in Bangkok ...). And confusing use of a trademark buy its owner
should also be considered illegal.</FONT></DIV>
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<DIV><FONT face="Comic Sans MS" color=#0000ff
size=2>reinier </FONT></DIV>
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