Thanks for your comments. There has been a lot of interest in the decision. Perhaps you could try some searches on the case itself, and other related keywords phrases such as parallel imports, international exhaustion of trade marks doctrine, third party re-sellers and infringement. Although it is nice to have access to the original decision itself, as you can read it first hand. If you are ever looking for a European Court of Justice intellectual property (or any other case) you can find the cases here: European Court of Justice I am currently updating a series of links on my webpage but in the meantime here is the link. Otherwise, if you prefer reading commentary and legal analysis rather than the authoritative case law, I am sure you will find a few sources online. I will post some references on my links pages to other websites and blogs. I havn’t been posting any references to news items lately. If you have any questions let me know and I’ll try and direct you to the cases and any relevant commentary. (from the perspective of a non-practising Lawyer)
Thx kindly

Thanks for your encouragement and interest in the case. It will be interesting to see what implications the decision will have in relation to the imposition of restrictions on rights of re-sale in relation to trade mark and perhaps even in a broader sense such as copyright or the provision of online interactive services.

Thanks for your comments and encouragement. The case raises important issues as to when exhaustion of rights can be claimed.

Thanks for your kind comments. It is an interesting case regarding the exhaustion of rights doctrine in relation to luxury goods and the rights of a proprietor.

Even more interesting and inspiring are your comments on colour perception for which I thank you. Your comments provide a reminder to smart marketers, designers and advertisers that perceptions of images and colours are important, particularly with the advent of the popularity of non-conventional colour and shape trade marks. Perhaps mass-marketers may not think too much about the implications of this, however the internet is supposed to be a medium for catering to niche markets and providing accessible information to all audiences.

However considering 8% of male caucasians are affected by red-green colour perception, there is a window of opportunity for marketers. At the risk of sounding cynical, marketers, advertisers and other profiteers are becoming increasingly resourceful in successfully manipulating our senses. It doesn’t take a lot of imagination to consider how minority groups could be further marginalised through the ballot box simply by the use of devices that exploit differences in visual perceptions.

I have always strived to be conscious of the way information is displayed in visual formats (eg in online auction based ecommerce platforms) to cater to those who see the world differently. However I suspect that I was fortunate enough to have a graphic designer talented and sensitive enough to select appropriate colours using tools such as website colour scheme generators.

You have reminded me that we should all be considering the way images, information, colours and designs are perceived by humanity at large, rather than just how they are filtered through our own lens. We have at our disposal a range of tools now from audio books, and other software applications such as translators to make this an easier task.

Based on my limited understanding there are many causes, both genetic and organic which give rise to different kinds of colour perceptions.

Unfortunately, many still classify differences in perceptions, whether colour or more broadly, as ‘disabilities’. This is often a function of our own tunnel vision, black and white
thinking and stereotypical assumptions about things we either understand imperfectly or don’t care to open our hearts and minds to.

We now know the significant limitations associated with various colour tests. The unfortunate thing is that early misdiagnosis can have enduring psychological impacts on children and
young persons navigating the ordinary challenges of growing up, let alone an educational system that caters for a ‘one size fits all’ approach.

Individuals with protonopia have distinct advantages over ‘normal’ people (whatever ‘normal’ means). CIA analysts have long recognised camouflage can’t defeat certain types of colour ‘blindness’.

I use the word ‘blindness’ and ‘colour deficiency’ with reluctance, as I see it is as a difference of perception. We use labels all too readily. I am sure you would know better than I how many remarkable individuals have made important contributions to society who see who process things differently.

I hope research continues in this field so that devices, technology such as tinted visual aids can assist individuals in realising their full potential, avoiding the unnecessary stigma of being misunderstood.

I heard a parent give a very moving speech about a courageous young boy titled ‘Rose Tinted Glasses’. I fell in love with the speech through my own invisible rose tinted glasses, but stood guilty prior to that speech of believing that only lovers see the world through rose tinted glasses.

Adele

Thx

me
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