Kellenter, Wolfgang --- "Refills, Recharged Batteries and Recycled Products" [2006] ELECD 238; in Phillips, Jeremy (ed), "Trade Marks at the Limit" (Edward Elgar Publishing, 2006)

Book Title: Trade Marks at the Limit

Editor(s): Phillips, Jeremy

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845427382

Section: Chapter 10

Section Title: Refills, Recharged Batteries and Recycled Products

Author(s): Kellenter, Wolfgang

Number of pages: 17

Extract:

10. Refills, recharged batteries and
recycled products1
Wolfgang Kellenter

1. INTRODUCTION
Many producers of trade marked goods do not confine themselves simply to
putting their products on the market. Rather, they build up a system that allows
them to benefit from the product even after it is no longer capable of fulfilling
its originally intended purpose. For instance, the producer of SodaStream
drink-makers offers to take back empty carbon dioxide cylinders in order to
refill them and then redistribute them. It is in the interests of such undertak-
ings to maintain exclusive control over these secondary markets. The question
is, can SodaStream invoke trade mark law to prevent third parties from refill-
ing and redistributing its cylinders?
Even if an undertaking is not itself engaged in refilling or recycling its own
products, it may have a genuine interest in preventing third parties from doing
so. Every refilled or recycled product sold may take the place of a new prod-
uct, especially as reworked products are normally cheaper than the originals.
Some second-hand car dealers, for example, specialise in repairing and
reselling cars which have been involved in accidents. If such a dealer were to
repair a damaged MERCEDES car, could Mercedes rely on trade mark law to
prevent the sale of that car? Would the situation be any different if all the spare
parts used to repair the car had been supplied by Mercedes itself?

1.1 The Acts under Consideration

The acts of refilling, recharging or recycling ...