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Trademarks › Parallel Imports

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2024 - Parallel Imports, A Global Phenomenon, And a Very Grey Area Regarding...

Braumiller Law Group, PLLC on

At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for...more

Jones Day

EU Anti-Counterfeit Regulation Does Not per se Allow Repackaging of Parallel Imported or Parallel Traded Pharmaceuticals

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In Short - The Situation: European Union ("EU") trademark law permits the repackaging of pharmaceuticals that are imported or traded in parallel from one Member State to another only in limited circumstances. In view of...more

MoFo Life Sciences

Relabeling vs. Repackaging: CJEU Backs Drug Manufacturers’ Position Against Parallel Importers

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In two recent landmark decisions, Novartis v. Abacus (C‑147/20) and Bayer v. kohlpharma (C-204/20), the Court of Justice of the European Union (CJEU) strengthened the position of drug manufacturers against repackaging...more

King & Spalding

Goodbye Reboxing! European Court of Justice Restricts Parallel Imports of Medicines

King & Spalding on

On November 17, 2022, the Court of Justice of the European Union (CJEU) found in its latest principal judgment (Novartis v. Abacus, case file C-147/20) that the reboxing of parallel imported medicines in the European Union...more

A&O Shearman

Parallel imports of repackaged medicinal products – when can brand owners oppose?

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Three cases handed down on 17 November 2022 by the EU’s highest court shed important light on the ability of brand owners to oppose the repackaging of medicinal products, particularly where anti-tampering devices are replaced...more

Blank Rome LLP

What Trademark Holders Should Know About Russia's Authorization of Parallel Imports

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The Russian government has issued regulations authorizing importation into Russia of specified luxury items without the consent of the relevant trademark owners, in an apparent effort to circumvent Western sanctions...more

Hogan Lovells

Italy: Parallel imports – When a name change is a game changer.

Hogan Lovells on

The Administrative Court of Lazio (“TAR Lazio”) decided with judgment No. 09050 of 3 July 2018 (but published only few days ago) that, as a rule, the parallel importer does not have a right to change the trademark affixed on...more

Jones Day

Medical Devices Repackaging and Parallel Imports: A "No-No" from the Milan Court

Jones Day on

The Situation: In a recent hallmark case, the Court of Milan ruled on the viability of medical devices parallel imports, where the parallel importer repackaged the devices and the device rightholder opposed any such...more

K&L Gates LLP

Change is Coming to Australian Parallel Importation law – What do you Need to Know?

K&L Gates LLP on

Trade mark holders may need to reassess their commercial and international marketing strategies as the proposed amendments to the parallel importation provisions of the Trade Marks Act 1995 (Cth) (Act) take a step closer to...more

Foley Hoag LLP - Making Your Mark

. . . And Your Name Is? Court Orders Anonymous Parallel Importer To Reveal Itself In “Lever Rule” Trademark Challenge

Foley Hoag LLP - Making Your Mark on

We recently hosted an event at the firm where we discussed legal issues concerning parallel imports in the transportation industry, so a recent decision by the U.S. Court of International Trade discussing “Lever Rule”...more

Foley Hoag LLP - Making Your Mark

A Difference With A Distinction: The Second Circuit Upholds Preliminary Injunction In Parallel Imports Case

Foley Hoag LLP - Making Your Mark on

In Abbott Laboratories, et al. v. H&H Wholesale Services, Inc., et al., the United States Court of Appeals for the Second Circuit affirmed a preliminary injunction issued in a trademark case focused on the parallel...more

Foley Hoag LLP - Trademark, Copyright &...

Hey, These Japanese Mushrooms Aren’t Organic: The Ninth Circuit Addresses the Material Difference Standard in Relation to Produce...

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The Ninth Circuit recently issued a decision upholding the lower court’s finding at summary judgment that a U.S. importer of branded, gray market mushrooms infringed upon the rights of the U.S. trademark owner. Gray-market...more

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