90 Infringement where non-compliance with certain contractual requirements

(1)

A registered trade mark is infringed if—

(a)

a purchaser or owner of goods and the owner or licensee of the registered trade mark have entered into a written contract that requires the purchaser or owner of the goods not to do, in relation to the goods, any of the acts listed in subsection (2); and

(b)

the owner, for the time being, of the goods—

(i)

has notice of the contractual requirement; and

(ii)

does or authorises, in the course of trade, or with a view to dealing with the goods in the course of trade, any of those listed acts; and

(iii)

did not purchase the goods for value and in good faith before receiving notice of the contractual requirement; and

(iv)

is not a successor in title to an owner to whom subparagraph (iii) applies.

(2)

The acts referred to in subsection (1) are—

(a)

the application of the trade mark on the goods after their condition, get-up, or packaging has been altered in any manner specified in the contract:

(b)

if the trade mark is on the goods,—

(i)

the alteration, part removal, or part obliteration of the trade mark:

(ii)

the application of any other trade mark to the goods:

(iii)

the addition to the goods of any written material that is likely to damage the reputation of the trade mark:

(c)

if the trade mark is on the goods, and there is something else on the goods that indicates a connection in the course of trade between the owner or licensee and the goods, the removal or obliteration, whether wholly or partly, of the trade mark.

Compare: 1953 No 66 s 10