The Court of Appeal confirmed that a trade mark owner could not oppose the temporary entry into the EU on the way to countries outside the EU, under various customs procedures, of genuine trade mark goods that had not already been put on the market in the EU because this did not amount to importing or using a sign for the purposes of Article 5 of the Trade Marks Directive. The goods were effectively just passing through the EU, they were not released for circulation in the EU and no one in Europe ever saw the trade marks.
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Eli Lilly & Co & another v 8pm Chemist Limited
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