|There were lots of answers along the right|
lines -- and some good responses from Berlin
1. Document all offers of the vendor and the trade history. There are additional software possibilities to check the full turnover of the previous three months. Make a test purchase within the UK to find out name and adress of the vendor. Then contact eBay to find out their data about the vendor for verification but try to let them not delete the offers yet. Apply for a preliminary injunction for cease and desist plus disclosure of the distribution system. Commence criminal law prosecution and apply for seizure of the fakes. After disclosure, follow that route.Cornelis's partner and long-time katfriend Andreas Lubberger independently provided very similar advice, while their colleague Martin Fiebig reminds us that a claim also lies against eBay for an order to provide information about the sellers' identity on basis of Article 8 of the IP Enforcement Directive (in Germany, that's §19 Trade Mark Act -- and in the UK, Martin notes, it's the Norwich Pharmacal Order). The IPKat salutes Cornelis and his colleagues, who unstintingly and generously gave of their own time in order to put their minds at the disposal of his reader.
2. Since you have a Community trade mark, as before, but [and this is the ingenious bit, says Merpel] organize the test purchase from and delivery to Germany and profit from the unique speed and cost-efficiency of the German Courts to apply for an EU-wide injunction.
|Maybe it's something to do with the forthcoming|
London 2012 Olympics but whenever this Kat
hears the words "pole" and "vault", they sound
to him like "poll" and "vote" ...
Zambia, where he has some encouraging news to report. Meanwhile, after spending a week in the eye of the storm after posting her controversial views on moral rights and Creative Commons here and here, 1709 Blog guest Mira T. Sundara Rajan has calmed everything down with an upbeat account of moral rights in India.
|Lifting the lid|
|With its two humps, the |
Bactrian camel can store
enough canapes for a month ...
|He may have missed --|
but you don't need to
Saints and sinners? When this Kat first saw the word "Hogarth" beside a banner reading "Scandals, Scoundrels and IP", he was a little surprised since he has many friends in Hogarth Chambers. He thought he knew them quite well -- but obviously not well enough. Which of them are the scoundrels, he wondered, and what were the scandals? As it turns out, this was all a bit of marketing for the Hogarth summer seminar on Wednesday 18 July. Max Mosley is guest speaker (more sinned against than sinning?), plus a bit of local talent in the form of Gwilym Harbottle, Guy Tritton, Hogarth's very own saint -- Thomas St Quintin, that is -- and, well, that's it! You can hear the whole lot of them for just £47 plus VAT, which is only a fraction of what you'd have to pay to hear any one of them alone if they were representing you in court. Details here.