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Mitsubishi Shoji Kaisha Ltd v. Duma Forklifts NV

Case C-129/17 (2018)

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Mitsubishi Shoji Kaisha Ltd v. Duma Forklifts NV

European Union Court of Justice
Case C-129/17 (2018)

Facts

Automotive company Mitsubishi Shoji Kaisha Ltd. (Mitsubishi) (plaintiff) also manufactured forklifts. Mitsubishi forklifts were officially imported into the European Economic Area (EEA)—an extension of the European Union’s single market—by Mitsubishi Caterpillar Forklift Europe BV (MCFE) (plaintiff). However, Duma Forklifts NV (Duma) (defendant) and G.S. International BVBA (GSI) (defendant), both based in Belgium, facilitated the import of Mitsubishi forklifts into the EEA and made modifications for the European market without the authorization of Mitsubishi or MCFE. Some of the unauthorized imports were sold with Mitsubishi trademarks intact. In other cases, Duma and GSI removed the existing trademarks and added their own signs. Mitsubishi and MCFE brought a trademark-infringement action against Duma and GSI in Belgium. The Belgian court held that the unauthorized sale of forklifts bearing Mitsubishi trademarks constituted infringement. However, the court was unsure how to proceed on the matter of the forklifts whose Mitsubishi marks had been removed. The court referred the matter to the European Union Court of Justice for a preliminary ruling.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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