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Power to make forfeiture orders clarified (R (on the application of Drain) v Birmingham Crown Court)

Power to make forfeiture orders clarified (R (on the application of Drain) v Birmingham Crown Court)
Published on: 14 June 2018
Published by: LexisPSL
  • Power to make forfeiture orders clarified (R (on the application of Drain) v Birmingham Crown Court)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

IP analysis: The Administrative Court has dismissed an application to quash a forfeiture order made pursuant to section 97 of the Trade Marks Act 1994 (TMA 1994). In its judgment, the court clarified the power under TMA 1994, s 97(3), finding that is not mandatory for the court to make a forfeiture order and that, instead, it has a discretion to make one. or take a trial to read the full analysis.

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