|
|
Article: Sharing the burden of proof in parallel importation cases: a proposal for a synthesis of United States and European Union trademark law.
- Article from:
- The Journal of High Technology Law
- Article date:
- January 1, 2002
- Author:
CopyrightCOPYRIGHT 2002 Suffolk University Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
In the European Economic Area (1) (EEA), the European Court of Justice (ECJ) has recently held that parallel importers of trademarked goods carry the burden of proving that the mark holder consented to the importation of such goods within the EEA. (2) While the United States has allocated the burden of proof on the trademark holder under the Lanham Act, (3) the burden of proof is on the parallel importer under the Tariff Act. (4) First, this paper will demonstrate the inadequacy of the current allocation of the burden of proof under the United States Tariff Act. (5) Second, this paper will demonstrate the need for the ECJ to clarify the parallel importer's burden of proof ...
Related newspaper, magazine, and journal articles:
|
|
Article: Letters" Playing the suspension game; Mark Holder ...
The Racing Post (London, England);
January 27, 2000 ;
369 words
... ... Therefore, the advice for trainers must be that if your jockey is questioned by the stewards regarding his effort, say you are not happy with his riding. After all, what's the point of you both hanging! MARK HOLDER Portishead Bristol
|
|