Trade mark infringement and passing off precedents
Published by a LexisNexis IP expert
Practice notesTrade mark infringement and passing off precedents
Published by a LexisNexis IP expert
Practice notesIntroduction
This document contains quick links to the Precedents relevant to trade mark infringement and passing off. These include letters of claim and the main statements of case to start and then run trade mark infringement and passing off proceedings.
Precedents
Letter of claim—trade mark infringement
See Precedent: Letter of claim—trade mark infringement. This is a Precedent letter of claim (also referred to as a letter before action or a cease and desist letter) for use when there is an alleged trade mark infringement. A letter of claim is a letter that puts an alleged infringer on notice that court proceedings may be brought against them. The courts take the view that litigation should be a last resort. Therefore, parties are encouraged to resolve their disputes at an early stage by communicating with each other and exchanging information and documentation. A letter of claim gives the opportunity for communication between the parties and for resolution of the dispute often without the need to issue proceedings. Following an exchange of letters the infringement may stop and the trade mark
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.