154 Powers of court

(1)

If, in proceedings under section 153, the court decides that any goods that are the subject of a determination made under section 146 are goods on or in physical relation to which an infringing sign is used, that have been imported other than for private and domestic use, the court must make an order that the goods be—

(a)

forfeited to the Crown; or

(b)

destroyed; or

(c)

otherwise dealt with as the court thinks fit.

(2)

In considering what order should be made under subsection (1), the court must consider—

(a)

whether other remedies available in proceedings for infringement of a registered trade mark would be adequate to compensate, and to protect the interests of, the claimant; and

(b)

the need to ensure that no goods on or in physical relation to which an infringing sign is used are disposed of in a manner that would adversely affect the claimant.

(3)

If more than 1 person is interested in goods, the court may—

(a)

direct that the goods be sold or otherwise dealt with, and the proceeds divided; and

(b)

make any other order it thinks fit.

(4)

If, in proceedings under section 153, the court decides that goods to which a determination under section 146 relates are not goods on or in physical relation to which an infringing sign is used, that have been imported other than for private and domestic use, the court may make an order that a person who is a party to the proceedings pay compensation in such amount as the court thinks fit to the importer, consignee, or the owner of goods.

Compare: 1953 No 66 s 54I