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Reports of Patent, Design and Trade Mark Cases 2006 123(24):805-847; doi:10.1093/rpc/2006rpc32
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© Crown Copyright

[2006] R.P.C. 32

MASTERCIGARS DIRECT LTD v HUNTERS & FRANKAU LTD

High Court (Chancery Division)

(His Honour Judge Fysh Q.C. sitting as a judge of the Chancery Division): July 7, 8, 11–15, 18–22, September 9 and 13, October 27 and 28, 2005 and March 10, 20061

[2006] EWHC 410 (Ch); [2006] R.P.C. 32

Trade mark—Infringement—Importation of Cuban cigars—Seizure of consignment by HM Customs & Excise—Whether cigars counterfeit or parallel imports—Condemnation proceedings—Importer sought declarations in High Court that cigars not counterfeit nor infringing goods—Whether negative declarations should be granted—Burden of proof—Whether trade mark owner consented to importation into EEA—Whether implied consent—Whether vendor abroad economically linked to trade mark owner—Observations on ex parte experiments.

Key Words: Burden of proof • Consent • Counterfeits • Cuba • Forfeiture • Parallel imports • Revenue and customs • Tobacco products • Trade marks

1 Paragraph numbers in this judgment are as assigned by the court.


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