Sun Microsystems Inc v Amtec Computer Corporation Ltd

Sun Microsystems Inc v Amtec Computer Corporation Ltd

Amtec infringed Sun's registered trade marks by dealing in servers not put on the EEA market by or with Sun's consent; ignorance or reasonable investigation is no defence. Sun is entitled to an inquiry into infringements beyond the 10 servers and to injunctive relief, but the injunction should be qualified to allow Amtec to deal in products where Sun, after notification and reasonable time to respond, cannot show the goods were not put on the EEA market with its consent. The remedy must be proportionate to avoid unnecessarily restricting Amtec's legitimate business.

Parties
Claimant: Sun Microsystems Inc.; Defendant: Amtec Computer Corporation Ltd
Jurisdiction
England and Wales
Judgment Date
30 January 2006
Procedural Posture
Intellectual Property Trade Mark Infringement / Judgment on Application for Default/summary Judgment and Determination of Remedies
Outcome
Claim allowed; judgment for claimant; relief granted as specified.
Legal Topics
Trade Mark Infringement, Parallel Imports, Consent Under Trade Mark Law, Injunctive Relief, Disclosure, Remedies
Intellectual Property Law European Union Law Trade Mark Infringement Parallel Imports Consent Under Trade Mark Law Injunctive Relief Disclosure Remedies

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Parties

Sun Microsystems Inc.

Claimant

Amtec Computer Corporation Ltd

Defendant

Procedural Posture

Intellectual Property Trade Mark Infringement / Judgment on Application for Default/summary Judgment and Determination of Remedies

Legal Issues

  1. 1 Whether Amtec infringed Sun's registered trade marks by dealing in servers not put on the EEA market by or with Sun's consent
  2. 2 The scope of inquiry as to profits or damages for past infringements
  3. 3 The appropriate form and scope of injunctive relief to prevent future infringements

Ratio Decidendi

Amtec infringed Sun's registered trade marks by dealing in servers not put on the EEA market by or with Sun's consent; ignorance or reasonable investigation is no defence. Sun is entitled to an inquiry into infringements beyond the 10 servers and to injunctive relief, but the injunction should be qualified to allow Amtec to deal in products where Sun, after notification and reasonable time to respond, cannot show the goods were not put on the EEA market with its consent. The remedy must be proportionate to avoid unnecessarily restricting Amtec's legitimate business.

Court Disposition

Claim allowed; judgment for claimant; relief granted as specified.

Orders

  • Inquiry as to past infringements not limited to 10 servers; Sun entitled to disclosure to identify further infringements.
  • Sun entitled to elect between damages and account of profits after disclosure.