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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
TUESDAY, 2 DECEMBER 2008
Bundesgerichtshof: Lefax/Lefaxin decision

While reviewing some recent German case law on parallel imports this member of Class 46 has found the following case of April 2008, which appears noteworthy:

In its Lefax/Lefaxin decision of 24 April 2008 the Bundesgerichtshof (German Federal Supreme Court) decided that a parallel importer who applies its own company logo on the outer packaging of a parallel-imported pharmaceutical neither damages the reputation of original manufacturer's trade mark, nor damages the function of the trade mark as an indication of origin, provided that the parallel importer has repackaged the pharmaceutical in such a way that its (the parallel importer's) company logo is affixed in the immediate proximity of the required information stating that the pharmaceutical has been repackaged and further provided that the relevant public will interpret the parallel importer's logo as part of this information.

"Lefax/Lefaxin" on Articles 28 and 30 EC-Treaty of 24 April 2008,
Case reference: I ZR 30/05.

The case can be retrieved in is entirety (German) by clicking here.

Posted by: Birgit Clark @ 17.49
Tags: Bundesgerichtshof, ec treaty, German trade marks, parallel imports, Pharmaceutical companies,
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