Glaxo Group Ltd v Dowelhurst Ltd & Anor

Glaxo Group Ltd v Dowelhurst Ltd & Anor

Summary judgment is granted only for the consignment of Trizivir supplied to L’Afrique aide L’Afrique, as the goods were not placed on the market in the EEA and no unequivocal consent to re-importation was demonstrated; for other consignments, defendants have an arguable defence that goods were placed on the market...

Source-derived case information.

Parties
Claimant: Glaxo Group Limited; Defendant: Dowelhurst Limited; Defendant: Richard Taylor
Jurisdiction
England and Wales
Judgment Date
31 July 2003
Procedural Posture
Summary Judgment Application / Ruling on Summary Judgment
Outcome
Summary judgment granted in part; injunction issued in qualified form
Legal Topics
Trade Mark Infringement, Parallel Importation, Exhaustion of Rights, Summary Judgment, Equitable Remedies
Intellectual Property Commercial Law Trade Mark Infringement Parallel Importation Exhaustion of Rights Summary Judgment Equitable Remedies

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Parties

Glaxo Group Limited

Claimant

Dowelhurst Limited

Defendant

Richard Taylor

Defendant

Procedural Posture

Summary Judgment Application / Ruling on Summary Judgment

Legal Issues

  1. 1 Whether the defendants infringed the claimants' registered trade marks by importing pharmaceuticals into the UK
  2. 2 Whether the claimants' trade mark rights were exhausted by placing goods on the market within the EEA
  3. 3 Whether summary judgment should be granted given the factual disputes about the provenance and contractual terms of the consignments

Ratio Decidendi

Summary judgment is granted only for the consignment of Trizivir supplied to L’Afrique aide L’Afrique, as the goods were not placed on the market in the EEA and no unequivocal consent to re-importation was demonstrated; for other consignments, defendants have an arguable defence that goods were placed on the market in the EEA by the claimants or with their consent.

Court Disposition

Summary judgment granted in part; injunction issued in qualified form

Orders

  • Injunction restraining First Defendants from infringing the trade mark Trizivir, qualified to allow use where defendants reasonably believe goods were placed on the market in the EEA by or with claimants' consent, except where sourced from unauthorised distributors.
  • No injunction against Second Defendant.