Source: All England Reporter
Publisher Citation: [2006] All ER (D) 149 (Apr)
Neutral Citation: [2006] EWCA Civ 380
Court: Court of Appeal, Civil Division
Judge:

Waller, Longmore and Lloyd LJJ

Representation Guy Tritton (instructed by Wedlake Bell) for the claimants.
  Fergus Randolph (instructed by McDermott Will & Emery UK LLP) for the defendant.
Judgment Dates: 11 April 2006

Catchwords

Trade mark - Infringement - Parallel trading - Defendants removing or defacing clothing labels bearing claimants' mark on genuine garments - Defendants seeking to defend proceedings for trade mark infringement on grounds that certain agreements entered into by claimants anti-competitive - Court striking out that part of defence - Whether judge in error - Art 81 EC.

The Case

It was arguable that to be able to prove that a relevant agreement was in breach of art81 would give a defendant a stronger basis for saying that the claimant did not have legitimate reasons for the proprietor to oppose further dealings in the goods, within the meaning of s12(2) of the .

Practice Areas

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