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Journal of Intellectual Property Law & Practice 2008 3(7):429-430; doi:10.1093/jiplp/jpn090
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© The Authors (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

Honda's UK trade mark rights exhausted by sales made by Honda Australia

Rachel Montagnon and Owen Richards
Herbert Smith LLP, London
Email: owen.richards{at}herbertsmith.com

Honda Motor Co Ltd v Nesham and others [2008] EWHC 338 (Ch), 28 February 2008

Honda's UK trade mark rights were held to be exhausted by sales made by Honda Australia to a known exporter of motorbikes. The case turned on and refined the concept of ‘implied consent’ to parallel imports, as previously dealt with by the courts in Davidoff and Mastercigars (Zino Davidoff SA v A & G Imports Ltd [2002] Ch. 109 and Mastercigars Direct Ltd v Hunters & Frankau Ltd [2007] EWCA Civ 176).

Correspondence: Email: rachel.montagnon{at}herbertsmith.com


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