Defence and counterclaim (trade mark infringement and passing off)
Defence and counterclaim (trade mark infringement and passing off)

The following IP guidance note provides comprehensive and up to date legal information covering:

  • Defence and counterclaim (trade mark infringement and passing off)
  • BETWEEN:

Produced in partnership with Andrew Bowler Sean Ibbetson and Lucie Fortune of Bristows LLP

Case No. [insert claim number]

IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES

INTELLECTUAL PROPERTY LIST (ChD)

[INTELLECTUAL PROPERTY AND ENTERPRISE COURT ( IPEC )

[EUROPEAN UNION TRADE MARK COURT

BETWEEN:

  1. [insert full name of claimant]        Claimant

  1. and

  1. [insert full name of defendant]        Defendant

_____________________________________

DEFENCE AND COUNTERCLAIM

_____________________________________

DEFENCE

  1. 1

    Except where otherwise specified, paragraph numbers refer to paragraphs of the Particulars of Claim.

  2. 2

    The Defendant pleads to the substantive allegations below. The Defendant requires to be proved any matter not addressed specifically in this Defence.

  3. The Claimant

  4. 3

    1. Paragraphs 1–5 are admitted [save that:]

    2. 3.1

      [[[it is not admitted that the Claimant’s business extends to or involves the provision of [insert description of the scope of the claimant’s business that the claimant has pleaded but which the defendant does not admit the claimant is involved in]];

    3. AND/OR

    4. 3.2

      it is not admitted that the Claimant has supplied [insert description of goods and/or services which the defendant does not admit have been supplied by the claimant].

    5. AND/OR