INSTITUTE OF CHARTERED ACCOUNTANTS IN ENGLAND AND WALES. -and-

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1 IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION INTELLECTUAL PROPERTY ENTERPRISE COURT ON: 1 st August 2016 Claim No. IP/2016/ Aug 2016 IP BEFORE: His Honour Judge Hacon BETWEEN: INSTITUTE OF CHARTERED ACCOUNTANTS IN ENGLAND AND WALES Claimant -and- (1) BROOKES O HARA LIMITED (2) ALAN BROOKES Defendants (3) INSTITUTE OF CHARTERED ACCOUNTANTS OF SCOTLAND (4) INSTITUTE OF CHARTERED ACCOUNTANTS IN IRELAND Defendants (for the purposes of s. 23(5) Trade Marks Act 1994) ORDER PENAL NOTICE THIS ORDER PROHIBITS YOU FROM DOING CERTAIN ACTS AND REQUIRES TO DO TO CERTAIN ACTS. YOU SHOULD READ THIS ORDER CAREFULLY. YOU ARE ADVISED TO CONSULT A SOLICITOR AS SOON AS POSSIBLE. YOU HAVE THE RIGHT TO ASK THE COURT TO VARY OR DISCHARGE THIS ORDER IF YOU, BROOKES O HARA LIMITED, OR YOU, ALAN BROOKES, DISOBEY THIS ORDER YOU MAY BE IMPRISONED OR FINED AND YOUR ASSETS MAY BE SEIZED. UPON the Claim Form and Particulars of Claim having been served on the First and Second Defendants on 2 June 2016

2 AND UPON the First and Second Defendants not having filed an acknowledgement of service AND UPON the application of the Claimant for default judgement by application notice dated 19 July 2016 AND UPON dealing with the matter in writing IT IS DECLARED that: 1. The First and Second Defendants and each of them have infringed EU Trade Mark , EU Trade Mark and EU Trade Mark The First and Second Defendants and each of them have passed themselves off as being members of the Claimant. AND IT IS ORDERED THAT: 3. The First Defendant (whether acting by any director, officer, employee, agent, servant or otherwise howsoever) and the Second Defendant (whether acting in person, or by any company, agent, servant or otherwise howsoever) shall be restrained from: a. infringing European Trade Marks Nos. 2,022,168, 2,023,786, 9,915,364 or any of them; and/or b. passing themselves off as being members of the Claimant; by using the following signs (or any of them) in the course of trade: i. the figurative sign depicted in Annex 1 to this Order; ii. the signs CHARTERED ACCOUNTANT or CHARTERED ACCOUNTANTS; and/or iii. any sign colourably similar thereto. 4. The First and Second Defendant shall, by no later than 14 days from the date of service of this order, take all steps as are within their power that are necessary to display the statement contained in Annex 2 to this order (in a plain 14 point font in a contrasting colour to the background) on the home page of the website

3 at and shall take all steps as are within their power to ensure that are necessary to ensure that it remains displayed there until the expiry of 6 months from the date of this Order. 5. The First and Second Defendants and each of them shall, within 14 days of service of this Order on them, deliver up to the Claimant s solicitors and forfeit all of the articles in their possession, power, custody and/or control the use of which in the course of trade would contravene the injunction at paragraph 3 above. 6. The First and Second Defendant shall, within 21 days of service on them of this Order, pay the Claimant its costs of its application for default judgment, such costs having been summarily assessed in the sum of exclusive of VAT. 7. The First and Second Defendant shall, within 21 days of service of this Order, pay the Claimant its costs of the claim against them, such costs having been summarily assessed in the sum of exclusive of VAT. 8. This Order shall be served by the Claimant on the First and Second Defendants. The Court has provided a sealed copy of this Order to the serving party: Shakespeare Martineau, Two Colton Square, Leicester, LE1 1QH DX Leicester 41 Tel: Solicitors for the Claimant

4 ANNEX 1

5 ANNEX 2 Statement to be posted on the home page of the Defendants website at On [insert date of order], [insert name of Judge], sitting in the Intellectual Property Enterprise Court in London granted an injunction against Brookes O Hara Limited and Mr Alan Brookes in case IP , restraining them from infringing trade marks of the Institute of Chartered Accountants in England and Wales ( ICAEW ) (including the signs CHARTERED ACCOUNTANT and CHARTERED ACCOUNTANTS ) or passing themselves off as members of the ICAEW, and ordered them to pay the ICAEW s costs.