WATTS IN THE UNITED KINGDOM .
20IT STATES FURTHER THAT THEAL ' S TRADE-MARKS IN THE NETHERLANDS AND THOSE OF WATTS IN ENGLAND ARE COMPLETELY INDEPENDENT OF EACH OTHER AND WERE ESTABLISHED SEPARATELY , THE ENGLISH TRADE-MARKS HAVING ORIGINATED WITHOUT THEAL ' S KNOWLEDGE .
21THEAL CLAIMS TO HAVE HAD AN EXCLUSIVE AND INDEPENDENT RIGHT , VESTED IN NO ONE ELSE , TO USE THESE TRADE-MARKS , BUT IT NEVER INTENDED TO USE ITS RIGHTS IN SUCH A WAY AS TO PREVENT EITHER IN FACT OR IN LAW PARALLEL IMPORTS .
22IT STATES THAT IT ONLY ENFORCED ITS TRADE-MARK RIGHTS AGAINST GOODS WHICH WERE NOT GENUINE , BUT MANUFACTURED NEITHER BY WATTS IN THE UNITED KINGDOM NOR BY ITSELF .
23THEAL STATES THAT IT OBTAINED SEVERAL COURT DECISIONS FROM NOVEMBER 1972 TO MAY 1975 ORDERING THE NETHERLANDS TRADERS TO CEASE WITHIN 24 HOURS TO SELL ARTICLES BEARING THOSE TRADE-MARKS WHICH HAD NOT BEEN SUPPLIED BY THEAL .
24IN THESE CIRCUMSTANCES THE APPLICANT DOES NOT ' ' CLEARLY ' ' UNDERSTAND IN RELIANCE ON WHAT FACTS OR STATEMENTS THE COMMISSION REACHED THE CONCLUSION THAT IT HAS INFRINGED ARTICLE 85 ( 1 ) OF THE TREATY AND THAT THE NOTIFICATION OF THE AGREEMENT ON 24 JANUARY 1963 CONTAINS INCORRECT AND MISLEADING INFORMATION .
25THE COMMISSION FINED THEAL INTER ALIA FOR NOT HAVING NOTIFIED IT THAT THE AGREEMENT CONCLUDED WITH WATTS ' ' INCLUDED THE GRANT OF THE EXCLUSIVE RIGHT TO THE TRADE-MARKS IN THE NETHERLANDS ' ' , A CLAUSE OF THE AGREEMENT WHICH THE COMMISSION DISCOVERED ONLY ON 11 JULY 1975 AT A MEETING WITH THEAL AND WATTS .
26IT POINTS OUT IN SUPPORT OF THIS ARGUMENT THAT IT WAS WATTS WHO FIRST USED THE WORDS ' ' DUST BUG ' ' , ' ' PARASTAT ' ' AND ' ' DISC PREENER ' ' , AND MOREOVER HAD THE FIRST TWO REGISTERED AS TRADE-MARKS IN THE UNITED KINGDOM ON 11 FEBRUARY 1958 AND THE THIRD A LITTLE LATER .
27THE DEFENDANT STATES THAT WATTS CONSENTED , AT THE REQUEST OF THEAL , WITH THE WORDS ' ' DO AS YOU LIKE ' ' TO THE USE BY THEAL OF THE DESIGNATION ' ' DUST BUG ' ' IN ITS OWN NAME IN THE NETHERLANDS .
28THE SPECIFIC CONSENT IN RESPECT OF DUST BUG WAS ALSO GRANTED IN RESPECT OF THE TRADE-MARKS DISC PREENER AND PARASTAT .
29IN A LETTER OF 10 OCTOBER 1973 SIGNED BY THE APPLICANT ' S TWO DIRECTORS , THE APPLICANT WROTE TO WATTS AND SAID ' ' WE ACKNOWLEDGE THAT YOUR COMPANY IS THE PROPRIETOR OF THE TRADE-MARKS DUST BUG , DISC PREENER , PARASTAT AND WATTS . IF YOU AGREE TO WITHDRAW THE REGISTRATION OF THESE TRADE-MARKS IN YOUR NAME ON THE BENELUX REGISTER OR YOUR APPLICATION FOR REGISTRATION , AS THE CASE MAY BE , WE UNDERTAKE TO TAKE AT ANY TIME , AT YOUR REQUEST , THE NECESSARY STEPS TO ASSIGN ANY RIGHTS WHICH WE MAY HAVE TO YOUR COMPANY , OR TO