The fair use defences in s. 11 TMA cover:
- Use of another registered trade mark.
- Use of one's own name or address. The use of a company name is probably included.
- Use to indicate the suitability of spare parts or other characteristics of products.
The latter two defences are qualified by the requirement that the defendant's conduct must be in accordance with honest commercial practices.
Exhaustion of rights within the EC forms an important defence for parallel importers. The defence does not apply to goods put on the market in countries outside the EC by the proprietor or someone with the proprietor's consent (Zino Davidoff (2001)).
