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Reports of Patent, Design and Trade Mark Cases 2007 124(16):565-587; doi:10.1093/rpc/2007rpc24
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© Crown Copyright

[2007] R.P.C. 24

MASTERCIGARS DIRECT LTD v HUNTERS & FRANKAU LTD

Court of Appeal

(Chadwick, Jacob and Lloyd L.JJ.): January 30, 31, February 1 and March 8, 20071

[2007] EWCA Civ 176; [2007] R.P.C. 24

Trade mark—Infringement—Importation of Cuban cigars—Seizure of consignment by HM Customs & Excise—Whether cigars counterfeit or parallel imports—Importer sought declarations in High Court that cigars not counterfeit nor infringing goods—Parallel imports—Whether trade mark owner consented to importation into EEA—Whether implied consent—Cigars held not to be counterfeit but importation constituted trade mark infringement—Appeal to Court of Appeal—Whether consent by economically-linked entity—Whether trade mark owner's conduct merely failed to police parallel trade or facilitated it.

Key Words: Consent • Declarations of non-infringement • Imports • Release • Seized goods • Tobacco products • Trade marks

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


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