Parallel Imports: The Court of Justice of the EU Rules That Debranding and Rebranding of Imported Products While Stored in Customs Warehouse Constitutes Trade Mark Infringement

Abstract

Clarifying what was a controversial point of law, in Mitsubishi v Duma the Court of Justice of the European Union hold that a parallel importer that, without the consent of the proprietor, removes from products placed in the custom warehouse the original trademark affixed by the manufacturer and replace them with its own signs with the intention to put the goods for the first time in the EEA markets infringes the trademark rights of the manufacturer. This judgment is expected to reinforce the position of trademark proprietors allowing them to enforce their trademark rights even when before the trademarked goods are effectively marketed in the EEA and when no use of such mark exists.