Final order (trade mark infringement and passing off)

Published by a UUÂãÁÄÖ±²¥ IP expert
Precedents

Final order (trade mark infringement and passing off)

Published by a UUÂãÁÄÖ±²¥ IP expert

Precedents
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Case No. [insert claim number]

IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES

Intellectual property LIST (ChD)

[INTELLECTUAL PROPERTY Enterprise COURT (IPEC)

Before:

Date:

BETWEEN:

  1. [insert full name of claimant]        Claimant

  1. and

  1. [insert full name of defendant]        Defendant

________________________________________

ORDER

________________________________________

UPON the trial of action [insert claim number] before [Mr OR Mrs OR Miss OR [insert other]] Justice [insert name] on [insert trial date];

AND UPON the Court giving judgment in the action on [insert date];

AND UPON the Court finding for the Claimant in respect of its claims for Infringement of UK registered trade mark no. [insert number] (the Trade Mark) and for Passing off;

AND UPON the Court finding against the Defendant in respect of its counterclaim for [invalidity and/or revocation] of the Trade Mark;

IT IS ORDERED THAT:

Injunctions

    1. 1

      The Defendant shall not (whether acting by its directors, officers, employees, agents or otherwise howsoever):

      1. 1.1

        infringe the Trade Mark anywhere in the United Kingdom;

      1. 1.2

        pass off any goods or services as goods or services of the Claimant

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Jurisdiction(s):
United Kingdom
Key definition:
Infringement definition
What does Infringement mean?

A copyright work is infringed when anyone other than its owner or licensor performs or authorises the performance of one of the 'restricted acts' set out in the Copyright, Designs and Patents Act 1988 without permission, such as copying, issuing copies to the public, renting or lending to the public, performing or playing in public, communicating to the public or making an adaptation. Infringement does not need to involve the complete work; any use of a 'substantial part' will suffice.

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