In Eli Lilly and others v 8PM Chemist Ltd, 5 February 2008, the UK Court of Appeal has overturned an interim injunction granted by the High Court.
The decision follows the ECJ’s reasoning in Class International BV v Colgate-Palmolive & Others and confirms that a trade mark owner cannot oppose the entry into the EU of genuine trade-marked goods not yet marketed in the EU because this does not contravene Article 5 of the Trade Marks Directive (89/104/EEC).
The Court of Appeal also rejected the High Court’s finding that there was an arguable case for trade mark infringement because the defendant had allegedly attempted to create the impression that the goods were English in origin.
