The claimant manufactured computer disk drives, marketing them under its trade marks. It complained that the defendant had resold them within the European Economic Area in breach of its rights. Held: Summary judgment was granted, and an order made for an inquiry into damages, and an injunction to prevent M-Tech marketing goods if Sun has … Continue reading Sun Microsystems Inc v M-Tech Data Ltd and Another: PatC 25 Nov 2009
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who … Continue reading Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012
The claimant sought to prevent import from China of its own second hand computer disc drives said to infringe its trade marks. It had granted an exclusive licence for the sale of its equipment in Europe and alleged that this was a parallel import. The defendant proposed defences under European law regarding the non-publication of … Continue reading Oracle America Inc v M-Tech Data Ltd and Another: CA 24 Aug 2010
