Monthly Archives: June 2012

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). M-Tech, which had imported and tried to sell Sun trademarked goods without Sun’s consent, argued in its defence that Sun’s attempts to enforce its trade mark rights were part of a broader scheme to partition the EEA market, and were therefore contrary to the free movement of goods provisions at Articles 34 to 36 TFEU. Continue reading

Leave a comment

Filed under Agreements, IP