Common Contracts
1 similar null contracts
① The Exclusive Distributorship AgreementOctober 21st, 2021
YBCM’s Mark TMA Provision Allegations that XBC (Plaintiff) can make Remedies Mark 1:“ABCM” S 27(1) TMA:• Identical marks• Identical goods• D uses his mark in the course of trade • Use in the course of trade: YBCM imports, sells and leases construction machineries bearing Mark 1• Mark identicality: Having regard to the very little stylisation of Mark 1, it is arguable that it is identical to XBC’s registered trademark 1. Injunction2. Damages3. Account of profits4. Statutory damages (if counterfeit TM)5. Order for offending sign to be removed from infringing goods6. Order for destruction of infringing goods Mark 2:“ABCM” and images of construction machinery S 27(2)(b) TMA:• Similar marks• Identical goods• D uses his mark inthe course of trade• Likelihood of confusion • Mark similarity: XBC’s registered trademark and YBCM’s Mark 2 are visually, aurally and conceptually similar• Likelihood of confusion: Marks aresimilar to a high degree
