The following IP guidance note provides comprehensive and up to date legal information covering:
[Infringer name and address]
Dear [insert organisation name]
Letter of claim—passing off: [Subject]
We are writing on behalf of [name and address of client] (‘our client’).
Our client has [operated its business OR manufactured and sold goods OR supplied services] under the [name OR trade mark] [details of name or unregistered trade mark] for [time period]. In doing so, our client has built up substantial goodwill and reputation in the United Kingdom attached to the [goods OR services] which it supplies, such that the [name OR trade mark] is recognised by the public as distinctive of our client’s [goods OR services].
It has come to our client’s attention that you are [details of infringing activity] (the ‘Actions’). Please see copies of [detail evidence of infringing actions] enclosed with this letter. For the avoidance of doubt, our client does not consent to such activities.
By virtue of our client’s substantial goodwill and reputation, these Actions amount to a misrepresentation which is likely to lead the public to believe that the [goods OR services] that you are offering are those of our client.
[[Indeed, our client has identified the following incidences of actual confusion. [Insert details of confusion identified.]]]
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