The Australian Federal Court has ruled that trademark holders can sue for infringement where their licensees and their associates market trademarked products circumscribed by territorial limitations, in a stricter enforcement of laws against illegal parallel imports. An associate of Great White Shark Enterprises (GSW) (trademark owner), The Greg Norman Collection Inc, had entered into a licensing agreement with the Indian manufacturer BTB Marketing for the production and retail of Greg Norman products exclusively in India.
BTB then sold the designated products to Sunsports, a company in Pakistan, which were later imported by Australian retailer Paul’s Retail Pty for sale in Australia, where the Greg Norman brand was in use. GSW sued Paul’s for infringement under section 120(1) of the Australian Trade Marks Act 1995, for selling the imported products without prior consent. In defense, the retail company argued that the goods were manufactured legitimately by GSW’s authorized manufacturers under its authorized brand, which the Federal Court did not buy as the parallel imports were marketed without GSW’s consent. BTB was not authorized to manufacture the products for Sunsports. Additionally, Paul’s Retail contravened sections 52(1) and 53(e) of the Trade Practices Act by falsifying the price of the concerned products.
Source: World Patent and Trademark News
We found Trademarkhost to be very prompt and professional in everything they do and keen to grasp and fully understand our requirements. Not forgetting to mention, their ability to deliver at a competitive price.B. McGlynn - Outback, Ireland
I am very happy that I have chosen Trademarkhost. The communication with the Trademarkhost attorneys has also been very pleasant. Every time you call or contact them, they are prepared to help.Mr. A. Sarra, USA
Trademarkhost is well skilled in everything trademarks. They were always there to answer my questions during every step of the way, simply great people. Trademarkhost gave me and my business the chance to focus on what we do best.G.P. Kebbe, Lebanon
Trademarkhost did a very good job at expediting our trademark registrations in the EU.C. Bond , Australia
I was really satisfied with the service and activity of Trademarkhost of performing a trademark search and on providing recommendations and estimations.R. Torkelund, Luxemburg
I’ve chosen Trademarkhost as our worldwide trademark representative because they always gave me immediate and professional response with regard to all my questions.M. Marina - INNOTEC, Moscow
They were efficient and responsive in handling our trademark matters, and always provided us with positive and sound advice, which shows their professionalism and experience in this field.Ms. Uttamchandani - D2UK Fashion, Hong Kong
Trademark Portfolio management
Handling Trademark refusals
Handling Trademark oppositions