Sun Microsystems Inc v M-Tech Data Ltd & Anor

Sun Microsystems Inc v M-Tech Data Ltd & Anor

Sun is entitled to summary judgment as M-Tech imported and sold Sun disk drives first marketed outside the EEA without Sun's consent, constituting trade mark infringement. The enforcement of Sun's trade mark rights is not contrary to Articles 28-30 EC or Article 81 EC, as the Directive and Regulation provide a complete harmonisation and unqualified right to control first marketing in the EEA.

Parties
Claimant: Sun Microsystems Inc; Defendant: M-Tech Data Limited; Defendant: Stephen Lawrence Lichtenstein
Jurisdiction
England and Wales
Judgment Date
25 November 2009
Procedural Posture
Intellectual Property Infringement / Summary Judgment Application
Outcome
Summary judgment granted for claimant
Legal Topics
Trade Mark Infringement, Parallel Imports, Exhaustion of Rights, Free Movement of Goods, Competition Restrictions
Intellectual Property Competition Law European Union Law Trade Mark Infringement Parallel Imports Exhaustion of Rights Free Movement of Goods Competition Restrictions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 22 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Sun Microsystems Inc

Claimant

M-Tech Data Limited

Defendant

Stephen Lawrence Lichtenstein

Defendant

Procedural Posture

Intellectual Property Infringement / Summary Judgment Application

Legal Issues

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

Ratio Decidendi

Sun is entitled to summary judgment as M-Tech imported and sold Sun disk drives first marketed outside the EEA without Sun's consent, constituting trade mark infringement. The enforcement of Sun's trade mark rights is not contrary to Articles 28-30 EC or Article 81 EC, as the Directive and Regulation provide a complete harmonisation and unqualified right to control first marketing in the EEA.

Court Disposition

Summary judgment granted for claimant

Orders

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