Particulars of claim (trade mark infringement and passing off)

Published by a LexisNexis IP expert
Precedents

Particulars of claim (trade mark infringement and passing off)

Published by a LexisNexis IP expert

Precedents
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Case No. [insert number]

IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES

Intellectual property LIST (ChD)

[INTELLECTUAL PROPERTY ENTERPRISE COURT (IPEC)]

BETWEEN

  1. [insert full name of claimant]        Claimant

  1. and

  1. [insert full name of defendant]        Defendant

_____________________________________________________________________

Particulars of claim

_____________________________________________________________________

The Claimant

    1. 1

      The Claimant is and has at all material times been [insert details of claimant]. It [was incorporated on [insert date] and] is engaged in the [insert brief description of claimant’s business].

    1. 2

      Since [insert date] the Claimant has supplied [an extensive range of [insert description of claimant’s goods] AND/OR the following services: [insert description of claimant’s services]].

    1. 3

      Since [insert date], the Claimant has supplied its [goods AND/OR services] through [insert details of sales channels, both current and historic].

    1. 4

      At all times since [insert date], the Claimant has done business and supplied its [goods AND/OR services] under and by reference to the [name OR device OR slogan] [insert trade mark used].

    1. 5

      The [name OR device OR slogan] [insert

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Jurisdiction(s):
United Kingdom
Key definition:
Particulars of claim definition
What does Particulars of claim mean?

The statement of case in which the claimant sets out the facts he relies on to establish a cause of action against the defendant.

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