Notice of Online Trade Mark Infringement - Form

NOTICE OF TRADE MARK INFRINGEMENT AND REQUEST TO TAKE DOWN

DATED:

________

This notice is issued pursuant to the Trade Marks Act 1994 and the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013).

Recipient of this Notice

1. This notice is for the attention of:

________

(company registration number, if applicable): ________

operating the website with the URL address:

________

(the Platform)

2. This notice has been sent on ________ by first class post and by email to the Platform at:

Registered office / postal address:

________

and to the designated email address for notices of unlawful content: ________

Sender of this Notice

3. This notice is sent by:

________

(company registration number, if applicable): ________

of the address:

________

Contact email: ________

Contact telephone: ________

(the Proprietor)

The Trade Marks

4. This notice concerns registered trade marks (the Trade Marks), the particulars of which are set out at Schedule 1, together with their registration numbers, filing and registration dates, the relevant register (UK Intellectual Property Office and/or the UK comparable marks derived from EU registrations) and confirmation that the Proprietor is the registered proprietor of the Trade Marks within the meaning of section 9 of the Trade Marks Act 1994.

5. The Trade Marks are registered in respect of the following goods and/or services:

________

Infringement of the Trade Marks

6. TAKE NOTICE that ________ user(s) of the Platform have infringed the rights subsisting in the Trade Marks contrary to section 10 of the Trade Marks Act 1994.

7. The user(s) may be identified as follows:

________

8. The infringing content is located on ________ page(s) of the website at the following URLs:

________

9. Please refer to Schedule 2 of this notice for dated screenshot evidence showing the infringing content as it appears on the Platform.

10. The content described above constitutes infringement of the Trade Marks within the meaning of section 10 of the Trade Marks Act 1994. In particular, the said user(s) have, in the course of trade and without the consent of the Proprietor, used in the United Kingdom sign(s) which are identical with, or confusingly similar to, the Trade Marks.

11. The goods and/or services in relation to which the sign(s) have been used are identical with, or similar to, the goods and/or services for which the Trade Marks are registered (as set out at paragraph 5 above).

12. As a consequence of the foregoing, the use of the said sign(s) is likely to cause confusion on the part of the public, including the likelihood of association with the Trade Marks, and, the Trade Marks having a reputation in the United Kingdom, such use without due cause takes unfair advantage of, and/or is detrimental to, the distinctive character and repute of the Trade Marks, contrary to section 10(2) and section 10(3) of the Trade Marks Act 1994.

13. The Platform is hereby put on notice of the infringing content described above. By virtue of this notice, the Platform has actual knowledge of the unlawful activity taking place by means of its service. Accordingly, in order to retain the benefit of the hosting defence under regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002, the Platform must act expeditiously to remove or disable access to the infringing content. Failing such action, the Platform may itself become liable in respect of the said content.

14. The Platform is required to remove and/or disable all access to the webpages identified above so that all infringing content is eliminated in its entirety and cannot be accessed by the public, and to take reasonable steps to prevent the reappearance of the same or substantially similar content. The Platform is required to do so as soon as reasonably practicable and in any event within ________ calendar days of receipt of this notice.

15. The Proprietor further requires the Platform to preserve and disclose, insofar as it is lawfully able, all information in its possession relating to the identity and contact details of the user(s) responsible for the infringing content, to enable the Proprietor to pursue its rights against such user(s).

16. In the event of any failure by the Platform to comply with the requirements set out above, the Proprietor reserves the right, without further notice, to commence proceedings against the Platform and/or the user(s), including an application for an injunction pursuant to section 14 of the Trade Marks Act 1994 and section 37 of the Senior Courts Act 1981, and to seek damages or an account of profits, delivery up, and its costs.

17. Nothing in this notice shall constitute a waiver of any of the Proprietor's rights or remedies, all of which are expressly reserved.

18. It is hoped that this matter can be resolved amicably upon the Platform's receipt of this notice. Please confirm, using the contact details provided above and within the timeframe specified at paragraph 14, that the action required has been taken.

Signed by or on behalf of the Proprietor

______________________

Signature

Name: ________

Position / capacity (if signing on behalf of a company): ________

Dated:

________

SCHEDULE 1

THE TRADE MARKS

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi.

________

SCHEDULE 2

EVIDENCE OF INFRINGEMENT

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt.

________