The UK Court of Appeal grants permission to appeal and proceed to a full trial on defence against trademark infringement allegations (Oracle / M-Tech)

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English Court of Appeal (London), Oracle / M-Tech, [2010] EWCA Civ 997, 24 August 2010

English Court of Appeal allows M-Tech’s appeal against Oracle* On 28 August 2010, the English Court of Appeal issued a judgment setting aside an order for summary judgment by the High Court of Justice, thus granting M-Tech permission to appeal and proceed to a full trial to defend itself against trademark infringement allegations by Oracle. M-Tech imported 64 disk drives that used the trademark belonging to Sun Microsystems Inc. (“Sun”), now owned by Oracle America, Inc. (“Oracle”) into the United Kingdom from the United States of America. As a result, Oracle (formerly Sun Microsystems) sued M-Tech for infringement of its trademark for computer equipment on the basis of M-Tech’s importation into the UK of disk drives that it had obtained from a U.S. broker. Oracle applied for summary

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Gabriele Accardo, The UK Court of Appeal grants permission to appeal and proceed to a full trial on defence against trademark infringement allegations (Oracle / M-Tech), 24 August 2010, e-Competitions Bulletin Parallel imports, Art. N° 62386

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