Defence and counterclaim (trade mark infringement and passing off)
Produced in partnership with Andrew Bowler of Bristows , Sean Ibbetson of Bristows and Lucie Fortune of Bristows

The following IP precedent produced in partnership with Andrew Bowler of Bristows, Sean Ibbetson of Bristows and Lucie Fortune of Bristows provides comprehensive and up to date legal information covering:

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

Defence and counterclaim (trade mark infringement and passing off)

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 )

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.

    1. 2

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

    The Claimant

    1. 3

      Paragraphs 1–5 are admitted [save that:]

      1. 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]];

      AND/OR

      1. 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].

      AND/OR

      1. 3.3

        it is not admitted that the Claimant has supplied its [goods AND/OR services AND/OR through [insert details of sales channels which the claimant has pleaded but which are not admitted].

      AND/OR

      1. 3.4

        it is not admitted that the Claimant has supplied its goods AND/OR services] under and by reference to the sign [name OR device OR slogan] at all material times since [insert date]. It is averred

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