Oracle ordered to pay costs in grey trading case

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Oracle ordered to pay costs in grey trading case

Alex Scroxton

Following last week's Court of Appeal judgment in favour of reseller M-Tech, which was accused of importing grey Sun Microsystems hardware, Sun owner Oracle has now been ordered to repay costs of £85,000.

The sum represents the costs that M-Tech was originally ordered to pay to Oracle, in addition to ongoing costs.

The initial judgment in favour of M-Tech stated that the grey trader was entited to argue that certain articles of the EC Treaty prevented Oracle from obtaining summary judgment for trademark infringement.

The ruling is likely to have widespread implications for trademark owners and grey marketers in the EU, according to Harvey Stringfellow of legal firm Hill Dickinson LLP, which represented M-Tech.

The court has suggested that Oracle needs to apply for directions so that the matter can be brought on for a speedy trial.

If vindicated in the UK, Stringfellow said there was every chance M-Tech's case could be referred to the European Courts.

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