Social policy vs free market

I refer to a recent Litigator's View (The Lawyer, 16 June).

Jonathan Moore of Hammond Suddards suggests that the case brought by Tommy Hilfiger against Tesco relates to exhaustion of trade mark rights, a general issue which was tackled on 16 July when the European Court of Justice gave judgment in the Silhouette case.

We act for Tommy Hilfiger in this action and wish to clarify that the action does not relate to exhaustion of rights or selective distribution. It relates only to products that Tesco have been selling which Tommy Hilfiger allege are counterfeit; that is, products that have not been manufactured by or on behalf of Tommy Hilfiger or its licensee.

Isobel Davies, chairman, Eversheds intellectual property group

See Litigator's View, page