Controlling distribution
Where a producer (P) has appointed a distributor (D) for a specific territory, he might want to prevent D:
- from selling the designated products to customers outside the designated territory;
- from buying the designated products from anyone else; and
- from distributing in his designated territory products which P markets in other territories.
These are perfectly understandable as commercial requirements, especially where different brands, wine styles, labels, and packaging are carefully tailored to specific markets. But to what extent will the law permit a producer to impose and/or enforce them?
Trade Marks
Registered trade marks are the primary means by which a producer can exercise some control. The basic principle is that .....
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