21/07/10
Do you feel threatened?
In many jurisdictions, a forceful letter alleging patent or trade mark infringement is simply part of the normal cut and thrust. However, in the UK such actions may constitute a threat of infringement proceedings, and if the threat is unjustified (or found to be so), the sender may have exposed both themselves and their client to a legal action for making “unjustified threats”. One of the pitfalls for the unwary is that allegations of certain acts of infringement are included in these provisions, while others are not.
For full article download PDF