Pumfrey J discussed the principle of European law disallowing so called grey imports in breach of trade mark law, as set out in EMI v CBS, and said that it: ‘could hardly be clearer. It has formed, with the principle of exhaustion, the basis for the application of the principles of free movement in the context of trade marks and other intellectual property rights.’
Judges:
Pumfrey J
Citations:
[2002] 3 CMLR 11, [2002] ETMR 95, [2002] Eu LR 610, [2003] RPC 18, [2002] EWHC 1625 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – EMI Records v CBS United Kingdom ECJ 15-Jun-1976
ECJ Neither the rules of the Treaty on the free movement of goods nor those on the putting into free circulation of products coming from third countries nor, finally, the principles governing the common . .
Cited by:
Approved – Oracle America Inc v M-Tech Data Ltd SC 27-Jun-2012
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 . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, European, Commercial
Updated: 21 October 2022; Ref: scu.346767