Hindustan Lever Ltd. v. Briju Chhabra CS(OS) 2345 of 2000 Key Words: parallel import, exhaustion principle, trade mark Facts: Here, the plaintiff HLL was the registered proprietor of the trade mark LUX and LUX label in respect of toilet soaps within India. Unilever, PLC is the principal company and registered proprietor of the trade mark LUX…
Hollister Inc. v. Medik Ostomy Supplies Ltd. [2013] F.S.R. 24 Full Text here Key Words: Parallel Import, Exhaustion Principle, Trade Mark FACTS H owned trade marks for medical products. M had imported H’s products into the United Kingdom and repackaged them for sale. In doing so, it had breached the requirement[1] that the importer give notice to…
Oracle America Inc. (Formerly Sun Microsystems Inc.) vs. M-Tech Data Ltd. [2012] UKSC 27 Full Text here Key Words: Parallel Import, Exhaustion Principle, Trade Mark RELEVANT PROVISION(S): EU Directive 89/104 (available here) Article 5: According to Article 5(1) of the Directive, the registered trade mark confers on the proprietor exclusive rights therein. In addition, Article 5(1)(a) provides that…
Kapil Wadhwa v. Samsung Electronics 2013 (53) PTC 112 (Del.) (DB) ISSUE: Whether the Indian Trade Marks Act, 1999 embodies the International Exhaustion Principle or National Exhaustion principle when the Registered Proprietor of Trade Mark places the goods in the market under Registered Trade Mark. FACTS: Samsung (Korea) and it’s Indian subsidiary Samsung India filed…