Trademark Non-infringement
Eli Lilly and Company and Lilly Icos LLC v. 8PM Chemist Ltd
Patients within the US bought Eli Lilly drugs cheaply outside the US. They placed an order in with a Candian company which then placed an order with a Turkish company which had genuine stocks of the drugs and would have a pharmacist check them after which the drugs would be sealed in brown boxes bearing the patients’ names and addresses. They were then sent to 8PM in England which would proceed to have the boxes sent to the US.
Eli Lilly sued 8PM for trademark infringment and was granted an interim injunction. 8PM appealed and the Court of Appeal (Lords Justices Rix and Jacob and Sir William Aldous) allowed the appeal.
Links:
[1] Judgment: http://www.bailii.org/ew/cases/EWCA/Civ/2008/24.html; [2008] EWCA Civ 24 (05 February 2008)
[2] IPKat: http://ipkitten.blogspot.com/2008/02/roundabout-trade-avoids-trade-mark.html
