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ARTICLE · 14 AUGUST 2018

CJEU Rules Brand Owners Can Prevent De-Branded Parallel Imports

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The CJEU has held that the proprietor of a mark may take action against parallel importers of their products who remove all signs identical to their mark and replace them with other signs...

European UnionIntellectual Property
Charles Bond
Charles Bond
John Coldham
John Coldham
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The CJEU has held that the proprietor of a mark may take action against parallel importers of their products who remove all signs identical to their mark and replace them with other signs, without the consent of the trade mark owner and with a view to importing and trading the products for the first time in the EEA.

Mitsubishi Shoji Kaisha Ltd, Mitsubishi Caterpillar Forklift Europe BV v Duma Forklifts NV, G.S. International BVBA Case Case C 129/17 ECLI:EU:C:2018:594

In what may be considered a surprising result, the CJEU has held that a trade mark owner may take action against parallel importers of their products even where they remove all signs identical to their mark and replace them with other signs, without the consent of the trade mark owner and with a view to importing and trading the products for the first time in the EEA.

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