- 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
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.
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