An interesting remedy is the Norwich Pharmacal Order or an order in which a third party or the defendant is directed to supply information such as the record of export or the movement of goods, the list of suppliers and customers along with their addresses, dates of the transactions and supporting documents. All this information can be of great value. In a trade such as the garment trade where there may be counterfeiting of jeans, the practice in India is in the jean industry, there are three segments of counterfeiters. At the one end are component manufactures, manufactures of buttons, rivets', labels, patches, flashers and other components on which the infringing trade marks like LEVIS, WRANGLER or PEPE may appear. The second segment are fabricators who buy kits from the component manufacturers. A kit may contain all the buttons, rivets, feather patches that go into the manufacturing of one pair of jeans so that a fabricator may buy 200 kits of LEVIS and 100 kits of WRANGLER from the component manufacturer; fabricate die jeans and then sell it to the third segment namely, the retailer.
To completely hit the trade, it is essential to reach out to each of these elements in the distribution chain and Norwich Pharmacal Orders help by getting fabricators to disclose who are the component suppliers and who are their customers, namely, the retailers. Similarly, the retailer gives information on who is the fabricator who supplies him with the goods. And if a combination of actions are taken and Norwich Pharmacal orders are granted then the information can be of immense value particularly when it is tallied against information supplied by a corresponding counterfeiter. If information is not supplied where the court has directed it or if it can be demonstrated that the information supplied is false, then it amounts to a contempt of court as held in The Coca-Cola Company and Schweppes.Ltd. Vs. Peter John Gilbey [1996 FSR 23]. Levi's Strauss & Co. has brought a total of 13 law suits so far against a mix of component manufactures, fabricators and retailers and the orders were ex parte injunctions, Anton Piller Orden and Norwich Pharmacal orders. Most defendants supplied the necessary information which led to further actions and the result was seen when subsequent actions were brought on behalf of another jean manufacturer, an Indian company known as Arvind Mills whose trade marks RUF & TUF and NEWPORT were being infringed. In the enforcement actions of Arvind Mills it was found that the quantity of Levi's counterfeits had shed radically. These were almost non-existent which meant that the impact of actions had been enormous.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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