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Results:1-10 of 44

Price of cigars established based on intercompany prices, industry survey
  • Morrison & Foerster LLP
  • USA
  • July 1 2011

A New York State Administrative Law Judge has held that a tobacco wholesaler successfully demonstrated that the “wholesale price” of cigars purchased from a related party is the price paid by that related party to the manufacturers, and that statistical data can be used to determine the wholesale price of cigars purchased from third-party wholesale suppliers.


Beneficial ownership reporting requirements and security-based swaps
  • Winston & Strawn LLP
  • USA
  • March 21 2011

On March 17th, the SEC published for public comment a proposal aimed at preserving the application of its existing beneficial ownership rules to persons who purchase or sell security-based swaps after the effective date of new Section 13(o) of the Securities Exchange Act of 1934.


Decriminalisation of parallel imports of trademarked goods
  • Gómez-Acebo & Pombo Abogados
  • Spain
  • January 12 2011

The protection of trademark rights with regard to parallel imports is a contentious issue in Spain.


Oracle America Inc (formerly Sun Microsystems Inc) v MTech Data Ltd: “euro-defences” at least arguable
  • McDermott Will & Emery
  • United Kingdom, European Union
  • November 4 2010

In Oracle America Inc (formerly Sun Microsystems Inc) v MTech Data Ltd 2010 EWCA Civ 997, the Court of Appeal of England and Wales has overturned Mr Justice Kitchin's decision to grant summary judgment to Oracle America Inc in respect of its claim for registered trade mark infringement in relation to certain parallel imports made by M-Tech Data Ltd.


Another win for perfume brands before the CJEU
  • Gowling WLG
  • European Union, Germany
  • July 23 2010

The Court of Justice of the European Union (CJEU) has confirmed that perfume testers that were marked "Not for Sale" were not put on the market in the European Economic Area (EEA) by the marks' proprietors or with its consent in accordance with Article 13(1) of the Community Trade Mark Regulation (EC) No 4094 (the Regulation)and Article 7(1) of the Trade Marks Directive (the Directive).


Failure to prove exhaustion of trade mark rights
  • McDermott Will & Emery
  • United Kingdom
  • February 26 2010

In Sun Microsystems Inc v M-Tech Data Ltd 2009 EWHC 2992 (Pat), Mr Justice Kitchin held that Sun Microsystems Inc was entitled to summary judgment in respect of the parallel import of computer equipment by M-Tech Data Ltd.


Sub-licensing: the issue of implied consent
  • McDermott Will & Emery
  • European Union
  • November 30 2009

In Makro Bediensgroothandel v Diesel SpA, C 32408 15 October 2009 (unreported), the European Court of Justice (ECJ), on a reference from the Hoge Raad der Nedeleranden, has ruled that it is irrelevant, for the purpose of determining whether or not goods bearing a trade mark have been placed on the market within the European Economic Area (EEA) with the proprietor's consent, whether those goods were first placed on the market inside or outside the EEA.


ECJ rules on assessment of implied consent in trade mark exhaustion case
  • Squire Patton Boggs
  • European Union
  • October 29 2009

In the case of Makro Zelfbedieningsgroothandel CV, Metro Cash & Carry BV, Remo Zaandam BV v Diesel SpA, the European Court of Justice (ECJ) has confirmed that whether a trade mark owner has given implied consent for the purposes of Article 7(1) of the Trade Marks Directive (89104EEC) (the Directive) should be assessed in the way set out in Zino Davidoff and Levi Strauss regardless of whether the goods have first been put on the market in the EEA or outside the EEA.


EU customs action: international marks
  • McDermott Will & Emery
  • European Union, Germany
  • September 16 2009

In Zino Davidoff SA v Bundesfinanzdirektion Südost C-30208 2 July 2009 (unreported) the European Court of Justice (ECJ) ruled that a Madrid Protocol mark designating the Community has the same effect as a Community trade mark (CTM) for the purposes of Article 5(4) of the Customs Regulation (13832003EC).


Now U-P-C it, now you don’t
  • Dentons
  • USA
  • August 28 2009

In the case of Zino Davidoff SA v. CVS Corporation, No. 07-2872, 2nd Cir., the U.S. Court of Appeals for the Second Circuit found that selling trademarked products with an altered unique production code (UPC) could constitute trademark infringement.