In Dansac and ors v Salts Healthcare Limited and ors [2019] EWHC 104 (Ch), Birss J considers over-stickering in parallel imports and when the BMS criteria apply when there is no repackaging. In doing so, Birss J struck out part of the Amended Particulars of Claim of the Claimant on the grounds that, in principle, the BMS criteria are irrelevant to mere overstickering cases unless there is a risk of harm to the essential function of the mark.
Guy Tritton acted for the First and Second Defendants
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