The bottled water VOSS OF NORWAY (apparently not from the Norwegian town of Voss) has previously only been seen in the hands of Madonna and her colleagues in show business. Now, however, it has been made available for “everybody and his brother”.

 

The convenience store chain in Norway called Deli de Luca is marketing the water for sale in their shops following parallel import from the US.

 

Voss of Norway does not wish a reduction of the trademark’s value and has hence asked for advice from their lawyers.

 

In reality the discussion is about the distinction between global consumption of a trademark and regional consumption.

 

In Norway we follow the rule of global consumption. I.e. if goods with a certain trademark have been made available to consumers, these goods may be resold, imported, etc anywhere in the world (globally) by anyone no matter who the trademark holder is. This will not be considered a trademark infringement.

 

The provisions of regional consumption are practices e.g. in the European Union. Hence one may only resell within the EU; one cannot legally import goods with a certain trademark from the US and resell it without this constituting a trademark infringement.

 

The basis of the Norwegian approach is that one considers the trademark holder as sufficiently protected through the opportunity of exploiting the trademark with the first chain of distribution. Furthermore, one seeks to prevent limitation of trade between the EEA countries which the principle of regional consumption would entail.

 

The difference in approach does in fact cause conflicts as Norway is member of the EEA but has not chosen the same principle as the EU.

 

According to the current applicable law, however, Deli de Luca does seem to be within their rights. We are, however, anxious to learn about the final result!