DISTRICT COURT OF THE HAGUE Cause-list Number 02/244

DISTRICT COURT OF THE HAGUEcause-list number 02/244 30 June 2004The facts 3The claim, its basis and thedefence 5Judgment of the dispute 7JUDGMENT 13case as “The Healing Herbs of Edward Bach”, “Rescue Remedy(ie)”,“Rescue Cream” and “Rescue”, under penalty of a joint and several,immediately payable penalty of NLG 5000 per day or per incidenceof such action in contravention of this injunction.e. In England, Healing Herbs instituted proceedings against FlowerRemedies in which trademarks registered in England, identical inevery way to those above-described under c, were the issue. Thoseproceedings resulted in the following decisions:- The High Court of Justice, Chancery Division, decided on 22May 1998 that (a) the word marks BACH and BACH FLOWERREMEDIES had to be removed from the trademark register andthat (b) the device marks could remain on the register provided thatFlower Remedies agree a disclaimer with regard to the words BACHand BACH FLOWER REMEDIES;- The Court of Appeal upheld the decision of the High Court on 21October 1999;- The House of Lords decided on 4 July 2000 that the case wouldnot be admitted there for consideration in appeal.The claim, its basis and the defence2. After increasing its claim twice without Flower Remedies objecting,Healing Herbs presently claims the following:Page 5l. that the following registrations be declared null and void, or at leastlapsed:(a) the trademark BACH, registered in the Benelux Trademark Register on 4July 1988 under number 448803;(b) the trademark BACH FLOWER REMEDIES, registered in the BeneluxTrademark register on 21 December 1990 under number 492101;(c) the picture trademark BACH FLOWER REMEDIES EST. 1936, registeredin the Benelux Trademark Register on 4 August 1994 under number 559571;and(d) the trademark in signature form BACH, registered in the BeneluxTrademark Register on 27 November 1998 under number 650717;and that it be ordered that the registration of these trademarks in theBenelux Trademark Register be cancelled; alternatively, in the event thatthe declaration that the picture trademarks are null and void or have lapsedshould not be granted, that the defendant be ordered to record a disclaimerin the Benelux Trademark Register to the effect that it makes no claimto exclusive rights with regard to the words BACH and BACH FLOWER