Trade marks, parallel importation of re-branded pharma products and use of a trade mark in the generic drug name

By Blendis, C., Montagnon, R., Smith, J.

Flynn Pharma’s claim that by importing into the United Kingdom pharmaceutical products which were previously sold in other EU Member States under the brand name ‘Epanutin’, affixing to them the name ‘Phenytoin Sodium Flynn’, the defendants would infringe the ‘Flynn’ trade mark, was upheld.

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Source:: Journal of Intellectual Property Law & Practice