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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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