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13 April 2007 / Denise Mcfarland
Issue: 7268 / Categories: Features , Competition , Commercial
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Trade marks up in smoke

Mastercigars has unravelled the complexities of parallel importation, says Denise McFarland

A recent Court of Appeal decision in which the issue of parallel importation of trade marked goods was reviewed has resulted in a decision packed with common sense and demystification of a complex area of EU law. The judgment was handed down on 8 March 2007 in Mastercigars Direct Ltd v Hunters & Frankau Ltd [2007] EWCA Civ 176, [2007] All ER (D) 132 (Mar). The goods in issue were consignments of habanos, which are hand-made Cuban cigars. It was alleged at trial that the consignments were counterfeit, and amounted to trade mark infringement, as unlawful parallel imports.

 At first instance [2006] EWHC 410 (Ch), [2006] All ER (D) 159 (Mar), Judge Michael Fysh QC, sitting as a High Court judge, gave a lengthy judgment. The trial lasted 16 days. Judge Fysh concluded that the major part had been dealing with the counterfeit issues. These allegations were dismissed and were not the subject of any appeal.

Practical decision

The question

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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