The UK Supreme Court rejects respondent’s argument according to which enforcement of the plaintiff’s trade marks could lead to infringements of EU law (Oracle America / M-Tech Data)

Supreme Court puts brake on “Euro defences”* The UK Supreme Court has given trade mark proprietors reason to celebrate, in a judgment which is likely to have important consequences for the success of “Euro defences” more broadly. See: Oracle America Inc (formerly Sun Microsystems Inc) v M-Tech Data Limited [2012] UKSC 27. From the point of view of trade mark law, the case’s main significance is that it emphasises the right of trade mark proprietors to control the initial entry onto the EEA market of any trademarked goods (see Article 5 of the Trade Mark Directive).

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  • Blackstone Chambers (London)

Quotation

Tristan Jones, The UK Supreme Court rejects respondent’s argument according to which enforcement of the plaintiff’s trade marks could lead to infringements of EU law (Oracle America / M-Tech Data), 27 June 2012, e-Competitions Intellectual property, Art. N° 58042

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