Trade Marks Act 2002

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