Euro-defences: Oracle America Inc v M- Tech Data Ltd
On 5 Nov 2009 Oracle America Inc, which was then known as Sun Microsystems Inc. ( "Oracle" ), applied to Mr. Justice Kitchin for summary judgment against M-Tech Data Ltd. ( "M-Tech" ) (see Sun Microsystems Inc v M-Tech Data Ltd and another [2010] 2 CMLR 7, (2010) 33(2) IPD 33010, [2010] ETMR 13, [2009] EWHC 2992 (Pat), [2010] FSR 9). Oracle is the registered proprietor of a series of UK and Community trade marks comprising or consisting of the word "Sun" in respect of, inter alia, computers, computer hardware, computer software and computer peripherals. M-Tech, which supplies computer hardware in what has been described as the secondary market for hardware, had purchased 64 Sun disc drives from a broker in the USA, imported them into the UK and sold them to a business called KSS Associates. Oracle contended that those disc drives were put on the market by M-Tech in the UK without its consent and thereby infringed its British and Community trade marks. ...