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30 July 2011

After Gallo Winery v Lion Nathan: Does a parallel importer of trade-marked goods infringe the mark?

The High Court in Gallo Winery v Lion Nathan left open the question whether a parallel importer of trade-marked goods uses the trade mark. However the court’s non-use decision has implications for parallel importers. This article seeks to resolve uncertainties about whether a parallel importer infringes the registered mark.