Undertaking
UNDERTAKING
In consideration of (1) you agreeing not to commence legal proceedings against us in relation to the acts of trade mark infringement and passing off, as detailed in the email/letter from MY SALAH MAT LIMITED dated 21.5.2020 (the “Letter”) and (2) in settlement of the case as a whole, we undertake on behalf of ourselves, our servants, agents, employees, licensees or otherwise that we will cease and refrain from infringing your rights which requires us to do at least the following: 1. Immediately cease to apply any sign to prayer mats, educational toys and/or games or similar goods and the packaging of such goods which would amount to an infringement of the Trade Marks (as defined in the Letter); 2. Immediately cease to sell, offer or expose for sale, import, export in the course of business or possess for commercial purposes the Infringing Products (as defined in the Letter) or any prayer mats, educational toys and/or games or similar goods and the packaging of such goods which bear signs which would amount to an infringement of the Trade Marks and/or any other intellectual property rights owned by you; 3. Immediately cease all use of any sign confusingly similar to the Trade Marks (as defined in the Letter) in connection with prayer mats, educational toys and/or games or similar goods and the packaging of such goods which would amount to an infringement of the Trade Marks on all websites, on-line marketing and sales platforms and social media accounts, including Facebook and Instagram; 4. Not now or in the future in any jurisdictions use any sign confusingly similar to the Trade Marks in connection with prayer mats, educational toys and/or games or similar goods and the packaging of such goods which would amount to an infringement of the Trade Marks and/or any other intellectual property rights owned by you; 5. Not now or in the future in any jurisdictions pass off ourselves or any business we own or with which we are associated, or any products that we sell, as being associated or in any way connected with your business; 6. Not now or in the future in any jurisdiction apply for trade mark registration of any sign which is identical or confusingly similar to the Trade Marks and/or any other intellectual property rights owned by you; 7. Immediately retrieve all stocks of the Infringing Products including from all wholesale customers and deliver these stocks in accordance with clause 9 below; 8. Immediately remove, delete and destroy any and all material where any sign confusingly similar to the Trade Marks have been used, including removing all |
references to the same from any websites we own or control, any social media
accounts, or from any online auction sites and provide written confirmation of the same from an authorised officer of this entity to MY SALAH MAT LIMITED within 7 calendar days of the date of these undertakings; 9. Deliver up to MY SALAH MAT LIMITED or an agent appointed by same at an address to be agreed within 14 calendar days of the date hereof a. the Infringing Products for destruction at our own expense; control;
We acknowledge that in the event that these Undertakings are not complied with in full, you will be entitled, without prejudice to any other rights and remedies available to you, to commence proceedings against us for trade mark infringement, passing off and/or breach of this contractual undertaking, whether in respect of such activities prior to our receipt of the Letter or subsequent to such date, and in such proceedings, you will be entitled to claim costs, damages and/or an account of profits, together with all appropriate ancillary relief, in respect of all such activities. These undertakings shall apply to us and any of our associated companies and entities and shall bind all future assignees or successors in title. The se undertakings shall be governed by and construed in accordance with English law (including non-contractual disputes or claims) and in relation to any legal action or proceedings arising out of or in connection with the same, we irrevocably submit to the exclusive jurisdiction of the English Courts (including for non-contractual disputes or claims). |
references to the same from any websites we own or control, any social media
Dated this [ ] day of [ ] 2020
Signed for and behalf of [ ]
Name: ................................................
Position: ................................................
Contact Phone Number: .................................
Company Name: ..........................................