578. What constitutes a threat.

578.     What constitutes a threat.

The essential of a threat is an indication that the maker has rights, and intends to enforce them1. It may be said generally that it is sufficient that the statement complained of would be reasonably believed by the person to whom it was addressed to be a threat of proceedings for infringement of a patent2, even though no reference is in fact made to any such proceedings3. The nature of the interview at which statements are made is relevant in considering whether they amount to threats4. The alleged threat must in some