Berlin-Chemie AG wins case against parallel importer over trademark infringement

The dispute concerned whether the importer had the right to rename a medicinal product imported from another EU country using the trademark employed by the claimant in Lithuania.

Berlin-Chemie AG argued that such renaming infringed its rights to the registered trademark and requested the court to stop such trade, remove the products from the market, and award damages, annual interest, and legal costs.

The Supreme Court of Lithuania, upholding the decisions of the lower courts, ruled that the importer failed to justify the necessity of renaming the medicinal product and ordered the defendant to cease actions that violated the claimant’s rights.

This is a precedent-setting decision by the Supreme Court of Lithuania, important for the proper understanding and application of legal norms regulating the parallel import of medicinal products.

Berlin-Chemie AG was represented in this dispute by the COBALT team, led by Partners Žilvinas Kvietkus and Marius Inta, and Specialist Counsel Julija Beldeninovienė.