AFTERBURNER™

'AFTERBURNER' (applied to any rear light conversion) is a registered Trade Name, belonging to Quad Conversions. 

Promoting a product with this name without permission will lead to court action!

Infringement of registered trade marks

Infringement is the unlawful use of a registered trade mark.

Infringement occurs when:

  • a third party uses a sign identical with, or similar to, a registered mark in respect of identical or similar goods or services;
  • the public is likely to be confused by the similar mark.
Order for erasure, &c. of offending sign.
        15.—(1) Where a person is found to have infringed a registered trade mark, the court may make an order requiring him—
     (a) to cause the offending sign to be erased, removed or obliterated from any infringing goods, material or articles in his possession, custody or control, or
     (b) if it is not reasonably practicable for the offending sign to be erased, removed or obliterated, to secure the destruction of the infringing goods, material or articles in question.
    (2) If an order under subsection (1) is not complied with, or it appears to the court likely that such an order would not be complied with, the court may order that the infringing goods, material or articles be delivered to such person as the court may direct for erasure, removal or obliteration of the sign, or for destruction, as the case may be.
Meaning of "infringing goods, material or articles".
        17.—(1) In this Act the expressions "infringing goods" , "infringing material" and "infringing articles" shall be construed as follows.

    (2) Goods are "infringing goods" , in relation to a registered trade mark, if they or their packaging bear a sign identical or similar to that mark and—
     (a) the application of the sign to the goods or their packaging was an infringement of the registered trade mark, or
     (b) the goods are proposed to be imported into the United Kingdom and the application of the sign in the United Kingdom to them or their packaging would be an infringement of the registered trade mark, or
     (c) the sign has otherwise been used in relation to the goods in such a way as to infringe the registered trade mark.
    (3) Nothing in subsection (2) shall be construed as affecting the importation of goods which may lawfully be imported into the United Kingdom by virtue of an enforceable Community right.

    (4) Material is "infringing material" , in relation to a registered trade mark if it bears a sign identical or similar to that mark and either—
     (a) it is used for labelling or packaging goods, as a business paper, or for advertising goods or services, in such a way as to infringe the registered trade mark, or
     (b) it is intended to be so used and such use would infringe the registered trade mark.
    (5) "Infringing articles", in relation to a registered trade mark, means articles—
     (a) which are specifically designed or adapted for making copies of a sign identical or similar to that mark, and
     (b) which a person has in his possession, custody or control, knowing or having reason to believe that they have been or are to be used to produce infringing goods or material.

 

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