Sun Microsystems Inc v M-Tech Data Ltd & Anor [2009] EWHC 2992 (Pat) (25 November 2009)

Sun Microsystems Inc v M-Tech Data Ltd & Anor [2009] EWHC 2992 (Pat) (25 November 2009)

Sun's registered trade mark rights were not exhausted because the 64 disk drives were first marketed outside the EEA and there was no evidence of Sun's consent to their importation into the EEA. The enforcement of these rights is not contrary to Articles 28-30 EC, as the Directive provides a complete harmonisation...

Source-derived case information.

Citation
[2009] EWHC 2992 (Pat)
Parties
Claimant: Sun Microsystems Inc; First Defendant: M-Tech Data Limited; Second Defendant: Stephen Lawrence Lichtenstein
Jurisdiction
England and Wales
Judgment Date
25 November 2009
Procedural Posture
Intellectual Property Infringement (trade Mark) / Summary Judgment Application
Outcome
Summary judgment granted for the claimant (Sun Microsystems Inc) against the defendants (M-Tech Data Limited and Stephen Lawrence Lichtenstein).
Legal Topics
Trade Mark Infringement, Parallel Imports, Exhaustion of Rights, Free Movement of Goods, Competition Law (article 81 Ec)
Intellectual Property Law European Union Law Competition Law Trade Mark Infringement Parallel Imports Exhaustion of Rights Free Movement of Goods Competition Law (article 81 Ec)

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Parties

Sun Microsystems Inc

Claimant

M-Tech Data Limited

First Defendant

Stephen Lawrence Lichtenstein

Second Defendant

Procedural Posture

Intellectual Property Infringement (trade Mark) / Summary Judgment Application

Legal Issues

  1. 1 Whether M-Tech infringed Sun's registered trade marks by importing and selling Sun disk drives in the UK without Sun's consent
  2. 2 Whether Sun's enforcement of its trade mark rights is contrary to Articles 28-30 EC (free movement of goods)
  3. 3 Whether Sun's enforcement of its trade mark rights is prohibited by Article 81 EC (competition law)

Ratio Decidendi

Sun's registered trade mark rights were not exhausted because the 64 disk drives were first marketed outside the EEA and there was no evidence of Sun's consent to their importation into the EEA. The enforcement of these rights is not contrary to Articles 28-30 EC, as the Directive provides a complete harmonisation of the rules. There is no real prospect of success for the defences based on provenance, free movement, or competition law (Article 81 EC).

Court Disposition

Summary judgment granted for the claimant (Sun Microsystems Inc) against the defendants (M-Tech Data Limited and Stephen Lawrence Lichtenstein).

Orders

  • Judgment for Sun Microsystems Inc against M-Tech Data Limited and Stephen Lawrence Lichtenstein.