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TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 232 Passing off actions

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 232

Passing off actions
232. In an action for passing off arising out of the use by the defendant of a
registered trade mark:

   (a)  of which he or she is the registered proprietor or a registered user;
        and

   (b)  that is substantially identical with, or deceptively similar to, the
        trade mark of the plaintiff; damages may not be awarded against the
        defendant if the defendant satisfies the court:

   (c)  that, at the time when the defendant began to use the trade mark, he
        or she was unaware, and had no reasonable means of finding out, that
        the trade mark of the plaintiff was in use; and

   (d)  that, when the defendant became aware of the existence and nature of
        the plaintiff's trade mark, he or she immediately ceased to use the
        trade mark in relation to the goods or services in relation to which
        it was used by the plaintiff.