||All England Reporter
|| All ER (D) 149 (Apr)
|| EWCA Civ 380
||Court of Appeal, Civil Division
Waller, Longmore and Lloyd LJJ
||Guy Tritton (instructed by Wedlake Bell) for the claimants.
||Fergus Randolph (instructed by McDermott Will & Emery UK LLP) for the defendant.
||11 April 2006
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.
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 .
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