Part 4Legal proceedings
Civil proceedings for infringement: Acts amounting to infringement
90Infringement where non-compliance with certain contractual requirements
A registered trade mark is infringed if—
- a purchaser or owner of goods and the owner or licensee of the registered trade mark have entered into a written contract that requires the purchaser or owner of the goods not to do, in relation to the goods, any of the acts listed in subsection (2); and
- the owner, for the time being, of the goods—
- has notice of the contractual requirement; and
- does or authorises, in the course of trade, or with a view to dealing with the goods in the course of trade, any of those listed acts; and
- did not purchase the goods for value and in good faith before receiving notice of the contractual requirement; and
- is not a successor in title to an owner to whom subparagraph (iii) applies.
- has notice of the contractual requirement; and
The acts referred to in subsection (1) are—
- the application of the trade mark on the goods after their condition, get-up, or packaging has been altered in any manner specified in the contract:
- if the trade mark is on the goods,—
- the alteration, part removal, or part obliteration of the trade mark:
- the application of any other trade mark to the goods:
- the addition to the goods of any written material that is likely to damage the reputation of the trade mark:
- the alteration, part removal, or part obliteration of the trade mark:
- if the trade mark is on the goods, and there is something else on the goods that indicates a connection in the course of trade between the owner or licensee and the goods, the removal or obliteration, whether wholly or partly, of the trade mark.