THE COMPANY . . . DESIGNATED BY YOU . . . ' ' .
30THE COMMISSION CONSIDERS THAT THE CONTENT OF THAT LETTER WHICH ARE IN KEEPING WITH THE HISTORY OF THE RELATIONS BETWEEN THE PARTIES , THEIR STATEMENTS AND THEIR CONDUCT CORRECTLY REPRESENTS THE LEGAL SITUATION ARISING OUT OF THEIR AGREEMENTS .
31MOREOVER , THE COMMISSION CONTENDS , THIS SITUATION FOUND SPECIFIC EXPRESSION WHEN WATTS , AFTER HAVING ITS TRADE-MARKS REGISTERED IN THE BENELUX REGISTER ON 23 DECEMBER 1971 , HAD THEM STRUCK OUT ON 23 OCTOBER 1973 AT THE REQUEST OF THEAL IN ORDER TO FACILITATE THE PROGRESS OF THE PROCEEDINGS INSTITUTED BY THE LATTER AGAINST PARALLEL IMPORTERS .
32THE COMMISSION FINDS THAT THE APPLICANT ' S STATEMENTS TO THE EFFECT THAT A FURTHER LETTER OF 18 OCTOBER 1973 SUPERSEDED THAT OF 10 OCTOBER 1973 ARE IRRELEVANT WHEREAS WATTS ASSERTS THAT IT NEVER RECEIVED THE TEXT OF THIS LETTER OF 18 OCTOBER 1973 AND THAT FURTHERMORE IT EMERGES FROM THE REPORT OF ONE OF WATT ' S AUTHORIZED AGENTS AND FROM CORRESPONDENCE PLACED ON THE COURT ' S FILE THAT THE LETTER OF 10 OCTOBER 1973 , WRITTEN FOLLOWING VERY DETAILED DISCUSSIONS BETWEEN THE PARTIES CONCERNED AND THEIR ADVISERS , WAS INTENDED TO ASSIST THEAL ' S CASE IN ITS PROCEEDINGS AGAINST THE INTERVENER MR WILKES .
33ACCORDING TO THE COMMISSION THESE EXCLUSIVE DISTRIBUTION AGREEMENTS AND AGREEMENTS GRANTING THE EXCLUSIVE RIGHT TO USE THE WATTS TRADE-MARKS WERE IN FACT DESIGNED TO ENSURE THAT THEAL HAD ABSOLUTE TERRITORIAL PROTECTION EXCLUDING ALL PARALLEL IMPORTS OF AUTHENTIC PRODUCTS AND FOR THIS REASON THEY ARE SUBJECT TO ARTICLE 85 ( 1 ) OF THE TREATY .
34IN THE COURT ' S VIEW THE FILE AS A WHOLE SHOWS THAT APPLICANT ' S CONDUCT ON THE MARKET FOR CLEANING APPLIANCES FOR GRAMOPHONE RECORDS IN THE NETHERLANDS HAS BEEN AS DESCRIBED BY THE COMMISSION .
35AS FAR AS CONCERNS THE GRANT OF THE EXCLUSIVE RIGHT TO USE THE TRADE-MARKS IN THE NETHERLANDS IT MAY BE ADDED THAT THE DISTINCTIVENESS OF THE WORDS ' ' DUST BUG ' ' WHICH ORIGINATED IN THE BRINGING TOGETHER OF THE WORDS ' ' DUST ' ' AND ' ' BUG ' ' IS INDISPUTABLY TO BE ASCRIBED TO THE INVENTOR OF THE CLEANING APPLIANCE FOR GRAMOPHONE RECORDS .
36IT IS CLEAR FROM AN ARTICLE WHICH APPEARED IN AN ENGLISH PERIODICAL THAT THIS WORDING HAS BEEN USED BY WATTS SINCE 1955 .
37IT WAS THEREFORE POSSIBLE FOR THE REGISTRATION OF THIS SPECIFICALLY ENGLISH DESIGNATION AS A TRADE-MARK IN THE NETHERLANDS TO BE EFFECTED BY THEAL ONLY WITH THE CONSENT OF ITS INVENTOR , JUST AS WATTS CONSENTED TO THE REGISTRATION OF THIS TRADE-MARK SUBSEQUENTLY IN BELGIUM , LUXEMBOURG , FRANCE , ITALY AND GERMANY .
38THIS CONSENT GIVEN TO THEAL IN THE MOST GENERAL WAY WITH THE WORDS ' ' DO AS YOU LIKE ' ' INEVITABLY COVERED THE USE OF ALL WATTS ' S TRADE-MARKS .
39THEIR LONG-STANDING RELATIONS AND THE CONFIDENCE AND SUPPORT PROVIDED BY THEAL ,