What does Parallel imports mean? Parallel imports (the “grey market”) describe the purchase of genuine, branded goods in one country and their importation for resale into another without the rights holder’s permission. They commonly arise in IP-heavy sectors (trade marks, copyright, designs, patents). The core legal issue is exhaustion of rights: if the relevant IP rights are exhausted in the destination market, resale is lawful; if not, importation and sale may infringe. This is a descriptive term, not a defined statutory label, but the rules are set by legislation and case law on exhaustion and infringement (for example, Trade Marks Act 1994, s12, and EU...
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[ Alleged infringer’s name and address ]
[ Date ]
Dear [ insert organisation name ],
[ UK trade mark registration number [ insert number ] ]
We act for [ name and address of client ] (‘our client’). Our client is the proprietor of UK trade mark registration number [ number ] for [ details of trade mark—eg word or logo ], recorded in [ class OR classes ] [ class numbers ] and covering [ among other things ] [ details of specification ] (the ‘Trade Mark’). An extract from the register for the Trade Mark accompanies this letter.
It has come to our client’s notice that you are infringing the Trade Mark through the [ importation and Offer for sale ] in the UK of Goods [ bearing the Trade Mark OR the packaging of which bears the Trade Mark ], which have not been placed on the market in the [ EEA OR UK ] by our client nor with its consent (the ‘Actions’). Our client has evidence of the Actions, none of which our client has consented to...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...