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UNDERTAKINGS BETWEEN CSCS AND JURITA KALITE AND JUKA BRITANNIA CONSULTING

Construction Skills Certification Scheme Limited

 

(Ref: HPJ/CON/106/35)

 

May 2016

 

Dear Sirs

 

In this letter the following words and phrases shall have the following meanings:

 

“the Disputed Activity”

 

the promotion of any of our services under or by reference to the Sign, the Trade Marks and/or the use by us of the Works in contravention of your intellectual property rights and the website terms of use for your website, www.cscs.uk.com;
“the Sign”

 

CSCS;
“the Trade Marks”

 

UK Trade Mark Nos. 2190060 and 2520953 and Community Trade Mark No. 6347868 or any of them;
“the Infringing Website”

 

the website at www.juka.org.uk;
“the Works”

 

the CSCS card images (or any part thereof) as set out in the letter from Wedlake Bell LLP dated 26 April 2016 and published by you on your websites;
“us”  “our” “we”

 

jointly and severally (1) Jurita Kalite and (2) Juka Britannia Consulting; and
“you”/ “your” Construction Skills Certification Scheme Limited.

In consideration of your refraining from taking legal action against us for copyright infringement, trade mark infringement, passing off and/or breach of contract in relation to the Disputed Activity, we HEREBY UNDERTAKE (whether acting by our directors, agents or otherwise howsoever) that we shall:

 

  1. take all necessary steps (including executing any necessary documents) in order to permanently cancel, or procure the cancellation of, as expeditiously as possible, the domain name cscs-online.co.uk so that we are no longer registered as the domain registrant on the WHOIS registry and to permanently delete the sub-domain juka.org.uk (including all references to cscs.juka.org.uk on the Infringing Website);

 

  1. immediately and permanently refrain from using in the course of trade the Sign, the Trade Marks or any sign confusingly similar thereto to denote any service provided by us or to be provided by us (whether via the internet or otherwise). This does not stop us from using the mark CSCS to indicate the intended purpose of our services provided that such use is in accordance with honest commercial practices;

 

  1. permanently refrain from registering or using any corporate or trading name which incorporates the Sign, the Trade Marks or any sign confusingly similar thereto so as to pass off us or any service provided by us as being you or connected in the course of trade to you;

 

  1. permanently refrain from registering or using any domain name which incorporates the Sign, the Trade Marks or any sign confusingly similar thereto so as to pass off us or any service provided by us as being you or connected in the course of trade to you;

 

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UNDERTAKINGS BY JURITA KALITE AND JUKA BRITANNIA CONSULTING

 

  1. permanently refrain from infringing the Trade Marks in connection with the supply of any services. If the Works are reproduced in accordance with paragraph 6 below, there is no infringement of the Trade Marks that are reproduced within the Works;

 

  1. immediately and permanently refrain from (whether directly or indirectly) copying the Works, communicating the Works to the public, issuing copies of the Works to the public, offering, distributing or otherwise dealing with the Works (whether via the internet or otherwise), unless we prominently include and permanently maintain on any medium where the Works have been reproduced the statement: “Image reproduced by permission of Construction Skills Certification Scheme Limited (cscs.uk.com)”;

 

  1. immediately and permanently refrain from (whether directly or indirectly and without prejudice to paragraph 5 above) otherwise infringing your copyright in any materials created and/ or published by us;

 

  1. immediately and permanently refrain from authorising, procuring, counselling or assisting any third party from doing anything that would if now done by us be in breach of any of the undertakings at paragraphs 1 – 7 inclusive above. Our staff are also bound by these undertakings for the avoidance off doubt which, for example, means that they may use the mark CSCS to indicate the intended purpose of our services provided that such use is in accordance with honest commercial practices (paragraph 2 above);

 

  1. immediately and permanently include and maintain on those pages of the Infringing Website that refer to or describe the “CSCS” certification, card or tests the statement “CSCS – if you require any further information on the CSCS Scheme click here” with a link to your website cscs.uk.com”;

 

  1. immediately and permanently include and maintain on those pages of the Infringing Website that refer to or offer to process CSCS cards, tests or applications the statement “Please note that it is possible, and may also be cheaper, to submit this application direct with CSCS. For more information, please visit the CSCS website at cscs.uk.com“;

 

  1. within 7 days of the date of this undertaking, destroy any materials in our possession that would, if now disseminated by us in relation to the provision of any of our services, breach any of the above undertakings; and

 

  1. within 7 days of the date of this undertaking, provide you with a statement in writing confirming that we have complied fully and promptly with paragraph 11 of these undertakings.

 

Your agreement to the above terms constitutes the full and final settlement of all claims against us by you arising from the Disputed Activity (as defined above).

 

The above terms constitute the entire understanding and agreement between the parties in relation to the subject matter of this agreement.  The terms of this agreement are not intended to benefit any third party under the Contracts (Rights of Third Parties) Act 1999.

 

The terms of this agreement shall be construed in accordance with English law and in relation to any dispute concerning this agreement the parties agree to submit to the exclusive jurisdiction of the Courts of England & Wales.

 

Yours faithfully

Juka Britannia Consulting

 

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