date:Jun 25, 2012
the case ofLonsdale Australia Limited v Pauls Retail Pty Ltd[2012] FCA 584 makes it clear that parallel importers will need to do a lot more homework to ensure their branded imports are not blocked by the owner of the Australian trademark. On the particular facts of the case, Mr Lederman said the judge held the requirements for legitimate importation were not all met.
The case has established that direct importers of goods into Australia bear a significant onus of proving that the registered ow