Advocate general opinion in Nokia: a blow for trademark owners?

Advocate General Cruz Villalón’sopinion in Nokia Corporation vHer Majesty's Commissioners ofRevenue and Customs (Case C-495/09), concerning theinterpretation of the EUlegislation governing actions bythe customs authorities againstinfringements of IP rightswhere goods are in the ‘externaltransit’ procedure, has statedthe need for “the beginnings ofsome proof” that goods mayinfringe an IP right.