8/13/2008 1:33:00 PM
Samsung's grey stock warning letter to partners
Samsung sent the following letter this week to all its trading partners, warning them about grey trading....
NOTICE REGARDING GREY OR PARALLEL IMPORTS INTO THE UK FROM OUTSIDE THE EEA
It has recently come to Samsung's attention that certain distributors, dealers and retailers have been dealing in Samsung-branded mobile handsets that have been imported into the UK from outside the European Economic Area ("EEA") without Samsung's consent. These are commonly called "grey" or "parallel" imports. The EEA consists of the 27 countries of the European Union plus Norway, Iceland and Lichtenstein.
Under UK and European law, Samsung can rely upon its registered trade marks to prevent third parties dealing in such grey imports that have not been approved for sale in the EEA by Samsung. This right to take action against grey or parallel imports from outside the EEA was confirmed by the European Court of Justice in the joined cases of Davidoff v AG Imports; Levi-Strauss v Tesco and Levi-Strauss v Costco (21st November 2001). This decision has subsequently been upheld by the English High Court on a number of occasions.
Samsung takes the issue of trade mark infringement very seriously and does not consent to or approve of the importation and sale of grey market mobile handsets from outside the EEA.
Accordingly, Samsung reserves the right to take action it considers necessary to prevent distributors, dealers and retailers infringing its rights by dealing with such grey market handsets.
Samsung takes its safety, regulatory and warranty requirements very seriously and ensures it meets local requirements wherever its products are sold, including products imported into the EEA with Samsung's consent. In relation to mobile handsets emanating from outside the EEA and imported without Samsung's consent (ie. grey or parallel imports) Samsung Electronics UK Limited may not be able to offer warranty support on these handsets.
Further, Samsung may not be able to confirm that grey market mobile handsets will conform with all EU safety and other regulatory requirements even in circumstances where the importer or reseller concerned has applied its own "CE" sticker to the handsets concerned.
Read ourcoverage regarding this letter here