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(2) In any action for infringement of the right to the use of
a trade mark given under subsection (1) of this section by registration
in Part B of the register, otherwise than by an act that is deemed to
be an infringement by virtue of section 6 of this Act, no injunction or
other relief shall be granted to the plaintiff if the defendant establishes
to the satisfaction of the Court that the use of which the plaintiff
.complains is not likely to deceive or cause confusion or to be taken
as indicating a connection in the course of trade between the goods
and some person having the right either as proprietor or as registered
user to use the trade mark,
6.. (1) Where, by a contract in writing made with the proprietor Infringeor a registered user of a registered trade mark, a purchaser or ~~~~~~f
owner of goods enters into an obligation to the effect that he will certain
not do, in relation to the goods, an act to which this section applies, restrictions,
any person who, being the owner for the time being of the goods
and having notice of the obligation, does that act, or authorises it
to be done, in relation to the goods, in the course of trade or with
a view to any dealing therewith in the course of trade, shall be
deemed thereby to infringe the right to the use of the trade mark
given by the registration thereof, unless that person ~ became the
owner of the goods by purchase for money or money's worth in
good faith before receiving notice of the obligation or by virtue of
a title derived through another who so became the owner thereof.
(2) The acts to which this section applies are(a) the application of the trade mark upon the goods after
they have suffered alteration in any manner specified
in the contract as respects their state or condition, get...up
or packing;
(b) in a case in which the trade mark is upon the goods, the
alteration, part removal or part obliteration thereof;
(c) in a case in which the trade mark is upon the goods, and
there is also thereon other matter, being matter indicating
a connection in the course of trade between the pro-
prietor or registered user and the goods, the removal or
obliteration, whether wholly or partly, of the trade mark
unless that other matter is wholly removed or obliterated;
(d)
a ease in which the trade mark is upon the goods, the
application of any other trade mark to the goods;
(e) in a case in which the trade mark is upon the goods, the
addition to the goods of any other matter in writing that
is likely to injure. the reputation of the trade mark.
in
(3) In this section references in relation to any goods to the
proprietor, to a registered user, and to the registration, of a trade
mark shall be construed, respectively) as references to the pro..
prietor in whose name the trade mark is registered, to a registered
user who is registered, and to the registration of the trade mark, in
respect of those goods, and upon~' includes in relation to any
goods a reference to physical relation thereto.
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