WEBSITE NOTICE

JVC AND GREY MARKET GOODS (PARALLEL IMPORTS)

A POLICY STATEMENT

It has recently come to JVC's attention that certain distributors, dealers and retailers have been dealing in JVC branded product that has been imported into the UK from outside the European Economic Area ("EEA")1 without JVC's consent.

Under UK and European law, JVC can rely upon its registered trade marks to prevent third parties dealing in JVC branded product that has not been approved by JVC for sale in the EEA. This right to take action against what are commonly called "parallel imports" or "grey market goods" was confirmed by the European Court of Justice in the joined cases of Davidoff v. AG Imports; Levi-Strauss v. Tesco; and Levi-Strauss v. Costco (dated 21 November 2001). The Davidoff decision (as it has become known) has subsequently been upheld by the High Court in London on a number of occasions.

As a consequence, JVC is entitled to a Court injunction, the delivery up of infringing product, damages and the payment of costs against any person who imports or subsequently deals in or with JVC branded grey market goods. It is also the practice of the Court to compel the infringer to disclose the identity of the supplier of the goods in question.

Ignorance of the law (professed or real) is no defence to claim for trade mark infringement nor to a claim for damages arising out of such infringement. Further, the unlawful use of a trade mark can amount to a criminal offence under UK trade mark legislation.

JVC takes the infringement of its trade mark rights extremely seriously and under no circumstances does it consent to or approve of the importation and sale of grey market goods. Accordingly, JVC will take whatever action it considers necessary to prevent distributors, dealers and retailers dealing in such goods.

[Independently of the position under trade mark law, JVC may be unable to honour any manufacturer's guarantee in relation to grey market product. Further JVC is unable to confirm that grey market product conforms with all EU safety and other regulatory requirements, even in circumstances where the importer or reseller has applied their own "CE" sticker to the product.]

1 The EEA is made up of the 25 member states of the EU plus Norway, Iceland and Lichtenstein.

To obtain a list of dealers please contact: marketing@jvcpro.co.uk