In Coty Prestige Lancaster Group GmbH v Baltijos didmena UAB, the Supreme Court has held that claimant Coty Prestige Lancaster Group GmbH was entitled to prohibit defendant Baltijos didmena UAB from selling goods bearing the trademark JOOP! that had been imported into the Lithuanian and EU markets by a party other than the claimant and/or without the claimant’s consent.

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In Adobe Systems Incorporated v Netcom Online.Co.UK Ltd, the High Court has considered a consent agreement that had become not so much the end of an old dispute as the beginning of a new one. Among other things, the court held that there was no reason to think that the ECJ had intended to give the impression that consent orders would be open to attack, so far as they concerned damages for an acknowledged breach of a property right, based on an infraction of competition law.

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In Tommy Hilfiger Licensing LLC v Schwartz, the district court has found a retailer liable for trademark infringement and passing off for trading in counterfeit goods, even though the latter claimed that he had bought the goods in good faith. However, the court did not rule out the availability of a good-faith defence in limited circumstances.

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The Saint Petersburg and Leningrad Region Commercial Court has ruled in favour of luxury watchmaker Longines in a parallel importation case against Russian online shop Bestwatch.ru LLC and website administrator Adelia LLC. In recent years, the Federal Anti-monopoly Service of the Russian Federation has been pushing to legalise parallel importation by amending Article 1487 of the Civil Code.

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In American Eagle Outfitters Inc v Hamashbir Department Stores Ltd, the applicants have been denied leave to appeal from a Tel Aviv District Court decision in which the latter had refused to issue an injunction against the parallel importation of AMERICAN EAGLE-branded products.

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Proposed changes to the EU Customs Regulation are designed to reinforce the current legal framework for customs’ actions, as well as tackling the trade in small consignments of counterfeit goods sent by post. However, this week commentators expressed disappointment over the scope of the proposals.

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Next month WIPO member states and interested parties will discuss a new draft instrument for the protection of geographical indications (GIs) and appellations of origin. The proposals follow Antonio Campinos’ recent statement that OHIM would welcome the opportunity to oversee a non-agricultural register of GIs. However, the Europe v United States divide on GIs seems as wide as ever.

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In QS Holdings Sarl v Paul’s Retail Pty Ltd, the Federal Court of Australia has demonstrated the clear utility of copyright in preventing the parallel importation and sale of products, regardless of whether those products bear trademarks applied with the trademark owner’s consent.

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The Trademarks Amendment Bill (previously the Trademarks (International Treaties and Enforcement) Amendment Bill) was passed on September 8 2011. It received royal assent a week later as well as a new name, becoming the Trademarks Amendment Act 2011. The act is a significant piece of new IP legislation for the country.

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The European Commission’s proposed new regulation concerning customs enforcement of IP rights would extend protection to trade names, topographies and utility models for the first time. “The new regulation will cover more infringements and more rights,� said Caroline Edery, who is heading up the Commission’s review of Regulation 1383 at DG TAXUD. “Presently we cover trademarks and designs, and only counterfeit products. Now we will cover all the infringements of trademarks and designs. And we’ll include other infringements, such as parallel trade and overruns.�

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