Re-branding by parallel importer infringed pharmaceutical trade mark

In a case involving parallel imports of a drug into the UK from other European countries, the High Court held that the importer infringed the claimant’s trade marks by re-branding the European product with the brand name of the UK product.

Even though the re-branding was necessary in order for the defendants to compete on the UK market, this did not provide a defence to infringement.

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