Trade Marks Act 2002

Legal proceedings - Civil proceedings for infringement - Orders for delivery up in civil proceedings

110: Order for disposal of infringing goods, infringing material, or infringing object

You could also call this:

"Court decides what happens to things that broke trademark rules"

You can ask the court to decide what to do with items that have been taken away because they broke the rules about trademarks. These items could be goods, materials, or objects that were not allowed to use someone else's trademark. The court can order that these items be given to the person who owns the trademark, or to someone else the court thinks is right. The court might also decide that these items should be destroyed or dealt with in another way that the court thinks is best.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165011.


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109: Order for delivery up of infringing goods, infringing material, or infringing object, or

"Court can tell people to hand over items that break trade mark rules"


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"What the court thinks about when deciding trademark cases"

Part 4Legal proceedings
Civil proceedings for infringement: Orders for delivery up in civil proceedings

110Order for disposal of infringing goods, infringing material, or infringing object

  1. An application may be made to the court for an order that the infringing goods, infringing material, or infringing object delivered up under an order made under section 109 must be—

  2. forfeited to the owner of the registered trade mark or any other person that the court thinks fit; or
    1. destroyed or otherwise dealt with as the court thinks fit.