Final order (trade mark infringement and passing off)
Produced in partnership with Andrew Bowler of Bristows , Sean Ibbetson of Bristows and Lucie Fortune of Bristows

The following IP precedent produced in partnership with Andrew Bowler of Bristows, Sean Ibbetson of Bristows and Lucie Fortune of Bristows provides comprehensive and up to date legal information covering:

  • Final order (trade mark infringement and passing off)

Final order (trade mark infringement and passing off)

Case No. [insert claim number]

IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES

INTELLECTUAL PROPERTY LIST (ChD)

[INTELLECTUAL PROPERTY AND 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 or as goods or services authorised or approved of by the Claimant or as being in some other way connected in the course of business with the Claimant by the use in relation thereto of the word [insert infringing sign] or any word or sign confusingly similar thereto or in any other way.

    1. 2

      Within 28 days

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