In 2002, a Chinese manufacturer of all terrain vehicles (ATVs), Chongqing Loncin Group Co. Ltd, (L Ltd.) had been granted a CTM registration for their mark LONCIN (figurative). In 2005, Modularbox Oy (M Oy) had been granted a Finnish registration for the mark LONCIN with L Ltd’s consent. Also in 2005, a Finnish individual (A) imported ATVs manufactured by L Ltd. and bearing the mark LONCIN to Finland.

In its decision KKO:2009:57 of 1 July 2009 the Supreme Court held that M Oy did not have the right to forbid A from importing ATVs bearing the mark LONCIN to Finland or from marketing them here. The Court reasoned that according to Art 1(2) CTMR CTMs have an equal effect throughout the Community and an owner of a CTM cannot lose its right to a mark due to a junior national registration. On the facts it could also be construed that A had imported the ATVs with L Ltd’s consent, as L Ltd. clearly had intended the ATVs for sale within the EU.