Oracle victorious in grey trading legal battle

The Supreme Court has ruled that Oracle has the right to be first to market Sun server hardware in the European Economic Area before third-party remarketers, overturning a previous judgment in favour of UK-based importer M-Tech.

Back in 2010, M-Tech won a major victory against Oracle in the Court of Appeal after a judge agreed that it was impossible "for independent traders to differentiate between genuine Sun goods first marketed in the EEA and those first marketed outside the EEA."

M-Tech claimed Oracle deliberately withheld its serial number database from the channel and since it could therefore not tell whether or not the kit was grey market material, Oracle had no business trying to enforce its trademark rights.

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