Significant cases

Sun Microsystems v M Tech and others

In this case, Sun brought trade mark infringement proceedings against M Tech, a trader in Sun second hand systems. M Tech had imported goods from outside the EEA into the EEA. M Tech had no way of distinguishing legitimate goods placed on the market by the registered proprietor within the EEA and those which had been unlawfully imported into the EEA.  Sun alleged this was an infringement of the trade mark, following Davidoff. However, M Tech considered that the action was contrary to Arts.28-30 EC Treaty as it was impossible for M Tech to determine whether or not the goods that it was importing were legitimate or illegitimate EEA Goods. Thus, Sun's actions had the effect of eliminating the trade in genuine EEA goods.  Kitchin J rejected this argument, granting Sun summary judgment on their infringement claim.