Letter of claim—passing off
Letter of claim—passing off

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

  • Letter of claim—passing off
  • The ScheduleUndertakings

[Infringer name and address]

[Date]

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.]]]