Newsflash: Waterfront Successfully Obtains Intervention Status For INTA In ECJ Trade Mark Proceedings

Waterfront Solicitors LLP have successfully represented the International Trade Mark Association (“INTA”) in its application to the Court of Appeal to intervene in its reference to the European Court of Justice in the Nokia Corporation v Her Majesty’s Revenue and Customs action (ref: A3/2009/1726).   This is the first time that the Association has been awarded the status of a party in proceedings so as to allow it to make submissions to the ECJ in its own right.  Previously INTA has had to rely on the goodwill of one of the parties in agreeing to include an INTA’s submission, “piggy back fashion”, with the submission of that party.   The question referred to the ECJ by the Court of Appeal concerns the power of customs authorities across Europe to seize counterfeit branded goods in transit across the European Union.  HMRC’s stance has been that under the relevant European legislation (European Union directive 1383/2003) it has no power to seize counterfeit goods if those goods are not likely to be diverted into the European Union.   The judge who decided the case at first instance agreed with HMRC’s legal analysis but declared that the result to be unsatisfactory.   Matthew Harris, partner who led the Waterfront team commented:   “The extent to which European customs authorities can intercept counterfeit goods is an important issue both for trade mark owners and consumers alike.   It is gratifying that the Court of Appeal has thought it right to give INTA an independent voice before the ECJ when it considers this issue.”   About Waterfront Solicitors LLP   Waterfront Solicitors LLP is a four partner boutique IP/Technology law firm established in 2002.   It was founded by solicitors who trained and worked in world-class City law firms and FTSE-100 companies and who believe that legal excellence can and should be provided at a reasonable cost.   Waterfront Solicitors LLP specialises in intellectual property, technology, outsourcing, digital media and employment law.  Its services are designed to address key business issues and enable its clients to maximise their revenues, minimise their risks and achieve their business goals.   For additional media enquiries please contact:   Matthew Harris Tel: 020 7234 0200 Email: matthew.harris@waterfront.law   For further background information on Waterfront Solicitors LLP: www.waterfront.law   About INTA   The International Trademark Association is a 131-year old not-for-profit organisation of trade mark owners and practitioners from more than 190 countries throughout the world.  INTA is dedicated to the support and advancement of trade marks and related intellectual property concepts as elements of fair and effective global commerce.   Its current membership of 5600 companies and firms crosses all industry lines, including manufacturers and retailers in industries ranging from aerospace to consumer goods and service providers,   INTA’s membership includes approximately 1000 brand owners, law firms and trade mark attorneys in all 27 Member States of the European Union.   For further background information on INTA: www.inta.org