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Copyrights Disclaimer

DISCLAIMER

To (but not limited to): Designers, Manufacturers, Distributors, Sellers and Re-Sellers

 

VITAGE CLOTHING LIMITED

Company Number: 08231027

NOROZE Brand Registration Number: UK00003021712

 

It is illegal to import, manufacture, offer for sale, sell, advertise or distribute counterfeit or infringing NOROZE products. These activities are in violation of the law and can carry both criminal and civil penalties.

 

BACKGROUND INFORMATION

Vitage Clothing Limited, 119 Cromwell Avenue, Stockport SK1 3HS is the registered trademark holders of the brand name “NOROZE” in respect of clothing, footwear and headgear.

Vitage Clothing Limited strictly regulates the design, manufacture, advertising, distribution and sale of its products.

Our products are supplied through a tightly controlled distribution chain to Vitage Clothing Limited Store only.

 

ENFORCEMENT

Vitage Clothing Limited employs a dedicated Security team and brand enforcement investigators to ensure that their trademarks are not violated.

Vitage Clothing Limited adopts a pro-active approach to counterfeiting of our products and is actively targeting individuals, markets and any business premises where counterfeit copies of our products are manufactured, distributed, possessed or sold (unless authorized to do so).

Vitage Clothing Limited works closely with the Police, Trading Standards and HM Customs and Civil Recovery Organisations and will not hesitate to commence criminal and or civil proceedings against any individual or business contravening the Trademarks Act 1994.

 

FREQUENTLY ASKED QUESTIONS

 

Q:        Why was I not informed directly by Vitage Clothing Limited before I was reported to law enforcement agencies?

A:        In many cases where an individual is offering multiple infringing products for sale then we try to send a warning e-mail at the same time as requesting withdrawal of your products. Given the volume of products dealing with Vitage Clothing Limited related products; it would be both impractical and inefficient for us to contact each seller individually in every case.  For these reasons, we have established our in house Intellectual Property Team to assist us in our brand protection efforts and take additional actions in accordance with country laws.

 

Q:        Can I use the word “Vitage Clothing Limited” or “NOROZE” on my website, marketplace (Amazon, eBay etc.) product listing heading even if I am not selling a Vitage Clothing Limited or NOROZE item/s?

A:        NO.  Vitage Clothing Limited maintains a registered trademark (NOROZE) in its name, including its use for retail services, and this prohibits the use of our name in relation to goods that do not originate from Vitage Clothing Limited or NOROZE.  Therefore, it is both misleading and infringing to use the trademark “NOROZE” in a product title or description because such use may attract buyers who are searching for authentic Vitage Clothing Limited or NOROZE goods.  Additionally courts have held that this confusing practice of enticing buyers, referred to as “initial interest confusion”, is a form of trademark infringement, even though consumers may ultimately realise the goods offered for sale in an auction do not originate from Vitage Clothing Limited or NOROZE.  This practice is an attempt to exploit the goodwill associated with our trade names and will not be tolerated.

 

Q:        I believe that the item I am offering for sale is authentic Vitage Clothing Limited or NOROZE merchandise, how can I tell?

A:        Vitage Clothing Limited is not willing to disclose the specifications of genuine merchandise so as to prevent this information from reaching manufacturers of counterfeit merchandise. We can assure you, however, that all authentic Vitage Clothing Limited products are made using superior materials, quality and workmanship.  The ONLY way to ensure that you have purchased an authentic Vitage Clothing Limited product is to purchase it directly from a Vitage Clothing Limited or NOROZE Web store or marketplace shops.

 

Q:        Why is Vitage Clothing Limited concerned with my sale of a single piece of unauthorised product?

A:        Vitage Clothing Limited takes all matters of infringement seriously regardless of the quantity of items listed for sale.  We cannot grant exceptions to anyone simply because the infringement concerns only one or two items.

 

Q:        Can I post a product listing that expressly states that the Item is “NOT GENUINE Vitage Clothing Limited or NOROZE”?  Or refer to it as “Vitage Clothing Limited or NOROZE INSPIRED” or any similar phrase?

A:        NO.  A disclaimer regarding the lack of authenticity of the goods, such as “fake”, “faux”, “NOROZE-Style”, “NOROZE-like”, etc., is illegal under laws which prohibit the sale of counterfeit/infringing merchandise.  These products are still in violation of our trademark rights and Vitage Clothing Limited will enforce these rights with the same force as those which claim to be authentic.

 

Q:        What if I was unaware that the merchandise I was selling was not authentic Vitage Clothing Limited merchandise?

A:        Ignorance of the law or innocent intent is not a defence to trademark violations.  The law maintains that it is YOUR responsibility to ensure that your activities do not in any way violate the intellectual property rights of others; otherwise you will subject yourself to liability which cannot be avoided by claiming ignorance.