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Trademark Exhaustion In The European Union: Community-Wide Or International? The Saga Continues, Irene Calboli
Trademark Exhaustion In The European Union: Community-Wide Or International? The Saga Continues, Irene Calboli
Marquette Intellectual Property Law Review
Dr. Calboli discusses trademark exhaustion in the European Union. She proposes an international exhaustion standard to replace the community-wide exhaustion standard. In an international system, a trademark owner would exhaust his rights in other national jurisdictions when trademarked goods are placed on the market in any national jurisdiction where the trademark owner enjoys protection. Accordingly, the trademark owner will not be free to prevent international importation of genuine products bearing his trademark. Dr. Calboli describes the development of the community-wide exhaustion standard and its interpretative problems as part of the Trademark Directive. She then proposes changing to an international exhaustion …
Sovereign Domains: A Declaration Of Independence Of Cctlds From Foreign Control, Kim G. Von Arx, Gregory R. Hagan
Sovereign Domains: A Declaration Of Independence Of Cctlds From Foreign Control, Kim G. Von Arx, Gregory R. Hagan
Richmond Journal of Law & Technology
In the year 2000, the Government Advisory Committee (“GAC”) of the Internet Corporation for Assigned Names and Numbers (“ICANN”) passed a set of principles that essentially claimed national sovereignty over country code top-level domains (“ccTLD”s) such as .us, .ca, .uk and .au. Shortly thereafter, ICANN redelegated several ccTLDs in accordance with new GAC principles. Despite the outcry accompanying the passage of these principles and ICANN’s self-professed adherence thereto, the entire exercise could easily be criticized as merely symbolic because of the overriding power of ICANN in the operation of the Domain Name System (“DNS”). Indeed, Stuart Lynn, ICANN’s current president, …