Writ of delivery & counterfeits
by David Carter on 14 December 2009
A Writ of Delivery is used to recover specific goods from a defendant. Common examples of this are finance companies seizing vehicles that have not been paid for. This action is often referred to by many as a ‘repo’.
Very recently, a legal firm approached us to enforce the removal of counterfeit goods for their client, using a Writ of Delivery.
Counterfeit goods can really damage a company – not just the lost income but also the damage to reputation and brand.
In this case our client’s trademark protected consumer goods had been counterfeited, including using almost identical packaging and the designer’s name printed on them (without the designer’s permission, of course). They had been imported from China and were being sold as the originals in several large department stores around the country.
The claimant’s solicitor issued a Writ of Delivery so the goods could be removed from the stores during what is the busiest time during the run up to Christmas.
We carefully coordinated simultaneous raids at five sites around the country, as well as the distribution warehouse. Significant quantities of the counterfeit items were seized and, while no one was arrested, the police were in attendance and there may be criminal prosecutions to follow. The goods were then delivered to the claimant who is the legal owner of the intellectual property rights for the product. It is our understanding that the goods are to be destroyed.
Naturally the police and Trading Standards may be a first point of call for addressing counterfeiters, but if you want to get counterfeits out of the retail environment quickly, then a Writ of Delivery might be a good alternative.
In the last month we have also used a Writ of Delivery to recover a large printing press weighing in at 3 tons. The press was located in a commercial unit that was locked. Under the authority of the Writ of
Delivery, our officers forced entry to the unit and used specialist contractors and equipment to remove the press from the premises. The press was then delivered to the finance company that still has legal title to it.
In summary, a Writ of Delivery is a fast and efficient way of recovering goods owned by a claimant, whether they be counterfeit products or goods supplied. Please feel free to contact us if you’d like more information.
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Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.
