Peak Holding AB v Axolin-Elinor AB

On 30 November 2004, the European Court of Justice (ECJ) made a preliminary ruling under Article 234 EC in the case of Peak Holding AB v Axolin-Elinor AB C- 16/03.

In late 2000, Axolin-Elinor (Factory Outlet) marketed a particular consignment of goods with the trade mark Peak Performance contending that Peak Holding had already offered the goods for sale and thus the trade mark rights were exhausted. Peak Holding brought an action for infringement against Axilon-Elinor. The Lunds tingsrätt (Lund District Court) dismissed the application. Peak Holding appealed to the ECJ against the judgment of the Lunds tingsrätt. Two important questions were referred to the ECJ for preliminary ruling:

1. Whether Article 7(1) of the First Council Directive 89/104 of 21 December 1988 must be interpreted to mean that goods with the Peak Performance trade mark can be said to have been placed on the market where the proprietor of the trade mark has imported them into the EEA with a view to selling them