Article 5 Infringement: general

(1)

A person infringes the Glasgow Commonwealth Games association right if in the course of business the person uses in relation to goods or services any representation (of any kind) in a manner likely to suggest to the public that there is an association between the Glasgow Commonwealth Games and—

(a)

the goods or services; or

(b)

the person who provides the goods or services.

(2)

Paragraph (1) is subject to articles 6 to 13 of this Order.

(3)

For the purposes of this Order, a person uses a representation if, in particular, that person—

(a)

affixes it to goods or the packaging thereof;

(b)

incorporates it in a flag or banner;

(c)

offers or exposes for sale, puts on the market or stocks for those purposes goods which bear it or whose packaging bears it;

(d)

imports or exports goods which bear it or whose packaging bears it;

(e)

offers or supplies services under a sign which consists of or contains it; or

(f)

uses it on business papers or in advertising.