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 confirmed that those goods have not previously been put on the EEA market by Sun or with Sun’s consent.
Judges:
Kitchin J
Citations:
[2009] EWHC 2992 (Pat), [2010] 2 CMLR 7, (2010) 33(2) IPD 33010, [2010] ETMR 13, [2010] FSR 9
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Oracle America Inc v M-Tech Data Ltd and Another CA 24-Aug-2010
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. . .
At First Instance – 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
Updated: 22 August 2022; Ref: scu.421247
