STG v Trojan: protecting trade mark rights in the context of parallel importation
4 August 2016
In the recent decision in Scandinavian Tobacco Group Eersel BV v Trojan Trading Company Pty Ltd [2016] FCAFC 91 (STG v Trojan), the Full Federal Court held that the defence to trade mark infringement under section 123 of the Trade Marks Act 1995 (Cth) (Act), based on the trade mark owner’s consent to application of the trade mark, will apply to the removal and reapplication of a manufacturer’s trade mark by a parallel importer.
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