By Merle K. Langdon
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As an account is an equitable remedy it is necessary for the proprietor to be able to show that they have ‘clean hands’, that is, have not themselves been guilty of any unfair or improper conduct in the matter or the amount awarded may be reduced. Anton Piller orders The Anton Piller order can be a relatively cheap and very effective means of recovering counterfeit goods and other evidence. This order acts in effect as a civil search warrant, requiring the counterfeiter to allow representatives of the trade mark owner to enter and search their premises for specified goods or information.
The FA wanted to have an proactive cost effective approach and in addition wanted to use the Euro ‘96 anti–counterfeiting action as a springboard to raise the profile of the FA and its trade marks with the enforcement authorities.
If the Registry believes the mark is not suitable for registration it will inform the applicant or prosecuting trade mark agent of this. He or she may be able to argue against this initial ruling, for instance by showing that the mark has acquired distinctiveness through use, but if these arguments are unsuccessful the application will be rejected. ) If the Registry believes the mark is too similar to an existing trade mark it will inform the trade mark agent of any registered mark or marks with which it feels there is a conflict.